Halacha
הלכה א
נֶּאֱמַר בַּתּוֹרָה (שמות כב יב) (שמות לד כא) "תִּשְׁבֹּת" אֲפִלּוּ מִדְּבָרִים שֶׁאֵינָן מְלָאכָה חַיָּב לִשְׁבֹּת מֵהֶן. וּדְבָרִים הַרְבֵּה הֵן שֶׁאָסְרוּ חֲכָמִים מִשּׁוּם שְׁבוּת. מֵהֶן דְּבָרִים אֲסוּרִים מִפְּנֵי שֶׁהֵן דּוֹמִים לִמְלָאכוֹת וּמֵהֶן דְּבָרִים אֲסוּרִים גְּזֵרָה שֶׁמָּא יָבוֹא מֵהֶן אִסּוּר סְקִילָה. וְאֵלּוּ הֵן:
כסף משנה
1.
[Regarding the Sabbath,] the Torah [Exodus 23:12] states: "[On the seventh day,] you shall cease activity." [This implies] ceasing [even the performance of certain] activities that are not [included in the categories of the forbidden] labors.1As mentioned in the notes on Chapter 1, this statement has raised the attention of the commentaries concerned with how the Rambam defines the scope of the positive commandment to cease activity on the Sabbath. Many authorities explain that this positive commandment is merely a restatement of the prohibition against performing forbidden labors. Others (see the commentary of the Ramban on Exodus 23:12 encompasses holding back from performing any activity that will disturb the atmosphere of rest and peace that characterizes the Sabbath.[The Torah left the definition of the scope of this commandment to] the Sages, [who] forbade many activities as sh'vut. Some activities are forbidden because they resemble the forbidden labors, while other activities are forbidden lest they lead one to commit a forbidden labor. These [activities] include the following:2The Rambam uses the next four chapters to delineate various activities that were forbidden because of the two reasons he mentions above. In his discussion of this matter, he gives examples of activities that are related to each of the categories of forbidden labor.
הלכה ב
כָּל הַמַּשְׁוֶה גֻּמּוֹת הֲרֵי זֶה חַיָּב מִשּׁוּם חוֹרֵשׁ. לְפִיכָךְ אָסוּר לְהִפָּנוֹת בִּשְׂדֵה הַנִּירָה בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יַשְׁוֶה גֻּמּוֹת. הַמְפַנֶּה אֶת הָאוֹצָר בְּשַׁבָּת מִפְּנֵי שֶׁהוּא צָרִיךְ לוֹ לִדְבַר מִצְוָה כְּגוֹן שֶׁיַּכְנִיס בּוֹ אוֹרְחִים אוֹ יִקְבַּע בּוֹ מִדְרָשׁ לֹא יִגְמֹר אֶת כָּל הָאוֹצָר שֶׁמָּא יָבוֹא לְהַשְׁווֹת גֻּמּוֹת. טִיט שֶׁעַל גַּבֵּי רַגְלוֹ מְקַנְּחוֹ בַּכֹּתֶל אוֹ בְּקוֹרָה אֲבָל לֹא בַּקַּרְקַע שֶׁמָּא יָבֹא לְהַשְׁווֹת גֻּמּוֹת. לֹא יָרֹק בַּקַּרְקַע וְיָשׁוּף בְּרַגְלוֹ שֶׁמָּא יַשְׁוֶה גֻּמּוֹת. וּמֻתָּר לִדְרֹס הָרֹק שֶׁעַל גַּבֵּי קַרְקַע וְהוֹלֵךְ לְפִי תֻּמּוֹ:
כסף משנה
2.
A person who levels crevices [in the ground] is liable for [performing the forbidden labor of] plowing.3This refers to a person who levels crevices in a field (Chapter 8, Halachah 1). If one performs such an activity in a home, one is liable for performing the forbidden labor of building (Chapter 10, Halachah 12). For this reason, it is forbidden to defecate in a field that is lying fallow, lest one come to level crevices.A person who empties a storeroom [of its contents]4See Chapter 26, Halachah 15. on the Sabbath, because he needs [the storeroom] for the sake of a mitzvah - e.g., to house guests or to use as a study hall - should not empty the storeroom entirely, lest he come to level crevices within.5In his Commentary on the Mishnah (Shabbat 18:1), the Rambam elaborates on this concept, explaining that a person who removes the contents of a storeroom is likely to discover cracks and crevices in the ground. Our Sages, therefore, imposed this restriction lest he level the floor. Indeed, the only reason the person is allowed to empty the storeroom is that he intends to perform a mitzvah.
[A person who] has mud on his feet6Or shoes (Ramah, Orach Chayim 302:6). may clean it off on a wall7The Shulchan Aruch (loc. cit.) also mentions an opinion that forbids wiping the mud on a stone wall, lest it appear that one is replastering the wall. or on a beam, but not on the ground, lest he level crevices. A person should not spit on the ground and wipe it with his feet, lest crevices be leveled.8See the Mishnah Berurah 316:49, which questions whether this restriction applies to a paved or unpaved floor. (In this context, see also the Jerusalem Talmud, Shabbat 7:2.) It is, however, permitted to step on spittle that is lying on the ground as one walks, without having any specific intent.9The Maggid Mishneh cites the use of a similar expression in Chapter 11, Halachah 4. In the notes on that halachah, it is explained that there are two interpretations of the phrase: a) that one may intentionally step on the substance in question and merely make it appear that one is doing so accidentally; b) that one may proceed without worrying whether one steps on the substance or not. (See also the restatement of this law in Chapter 26, Halachah 13.)
הלכה ג
נָשִׁים הַמְשַׂחֲקוֹת בֶּאֱגוֹזִים וּשְׁקֵדִים וְכַיּוֹצֵא בָּהֶן אֲסוּרוֹת לְשַׂחֵק בָּהֶן בְּשַׁבָּת שֶׁמָּא יָבֹאוּ לְהַשְׁווֹת גֻּמּוֹת. וְאָסוּר לְכַבֵּד אֶת הַקַּרְקַע שֶׁמָּא יַשְׁוֶה גֻּמּוֹת אֶלָּא אִם כֵּן הָיָה רָצוּף בַּאֲבָנִים. וּמֻתָּר לְזַלֵּף מַיִם עַל גַּבֵּי הַקַּרְקַע וְאֵינוֹ חוֹשֵׁשׁ שֶׁמָּא יַשְׁוֶה גֻּמּוֹת שֶׁהֲרֵי אֵינוֹ מִתְכַּוֵּן לְכָךְ. אֵין סָכִין אֶת הַקַּרְקַע וַאֲפִלּוּ הָיָה רָצוּף בַּאֲבָנִים וְאֵין נוֹפְחִין אוֹתוֹ וְאֵין מְדִיחִין אוֹתוֹ אֲפִלּוּ בְּיוֹם טוֹב כָּל שֶׁכֵּן בְּשַׁבָּת. שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל וְיָבֹא לְהַשְׁווֹת גֻּמּוֹת בִּזְמַן שֶׁהוּא עוֹשֶׂה כֵּן בְּמָקוֹם שֶׁאֵינוֹ רָצוּף:
כסף משנה
3.
It is forbidden for women who [often] play with nuts, almonds, or the like, to play with them on the Sabbath,10When mentioning this law, the Ramah (Orach Chayim 338:5) cites the Rambam's statements in Chapter 23, Halachah 17, which forbid gambling on the Sabbath. Thus, to avoid redundancy, we are forced to say that the play mentioned here is obviously mere sport. Nevertheless, it is forbidden for the reasons mentioned above. lest they be motivated to level crevices.It is forbidden to sweep the ground, lest one level crevices,11The Rambam appears to forbid sweeping the floor, lest in the process of doing so, one decides to level the floor. Since both sweeping and leveling are intended to make one's floor look attractive, it is likely that while a person is involved in one activity, he will also perform the other (Rav Yitzchak ben Sheshet, Responsum 394).
Other commentaries explain that the reason is that it is inevitable that a person will level an earthen floor while sweeping it. Therefore, sweeping is forbidden even though the person does not intend to level the floor, based on the principle the Rambam states in Chapter 1, Halachah 6. unless [the floor] is paved with stone.12The Shulchan Aruch (Orach Chayim 337:2) follows the Rambam's ruling and allows one to sweep a paved floor. The Ramah, however, differs and maintains that it is forbidden. (See the Be'ur Halachah 337, which cites many opinions that encourage leniency.) Even those opinions that allow one to sweep emphasize that one must be careful regarding the type of broom used. A broom whose bristles are likely to break may not be used. One may, however, sprinkle water on the ground. There is no suspicion that the person will level crevices, since this is not his intent.13This refers to sprinkling water in a house to keep the dust from rising. Although there is a possibility that the water and the dust will collect and cause the floor to become level, there is no prohibition because this is not the person's intent. As the Rambam mentions in Chapter 1, Halachah 5, a person may perform an act that causes a forbidden labor to be accomplished if he does not intend for that labor to be accomplished, and there is not an absolute certainty that it will be accomplished.
One may not apply oil to the floor,14In Talmudic times, oil was frequently applied to the floor of a bathhouse. (See Shabbat 40b.) even if it is paved, nor may one blow [dust from the floor], nor may one wash it.15Sweeping a floor is considered a necessary act to maintain an atmosphere of cleanliness on the Sabbath. These other activities, however, are not as essential (Maggid Mishneh; Shulchan Aruch HaRav 337:4; Mishnah Berurah 337:17). This applies on a holiday,16Note, however, Hilchot Korban Pesach 1:16, which states that after the Paschal offerings had been sacrificed, the floor of the Temple courtyard was washed, even when the celebration of Pesach began on the Sabbath. All the prohibitions of the category of sh'vut were not enforced in the Temple. and surely on the Sabbath. These acts were forbidden lest a person follow his usual weekday pattern and thus come to level crevices in a place which is not paved.
הלכה ד
חָצֵר שֶׁנִּתְקַלְקְלָה בְּמֵימֵי הַגְּשָׁמִים מֵבִיא תֶּבֶן וּמְרַדֶּה בָּהּ. וּכְשֶׁהוּא מְרַדֶּה לֹא יְרַדֶּה לֹא בְּסַל וְלֹא בְּקֻפָּה אֶלָּא בְּשׁוּלֵי הַקֻּפָּה שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל וְיָבֹא לְהַשְׁווֹת גֻּמּוֹת:
כסף משנה
4.
When a courtyard has become soiled in the rainy season, one may bring straw17Straw is acceptable for this purpose since it is fit to be eaten by an animal. Hence, it will not be considered as having been made a permanent part of the courtyard. If, by contrast, earth, pebbles, or sand are used, they would be considered as having been permanently incorporated into the floor of the courtyard. This is considered as building and is, hence, forbidden (Shulchan Aruch HaRav 313:24; Mishnah Berurah 313:55). and spread18When quoting this halachah (which is based on Eruvin 104a), the Shulchan Aruch uses a different verb, זורה, which means "toss into." This difference also leads to a variation in the manner in which the concept mentioned in our halachah's final clause is interpreted there. it over [the courtyard]. When a person spreads [the straw], he should not spread it with a basket or with a container, but rather with the underside of the container, so that he will not follow his usual weekday pattern and thus come to level crevices.הלכה ה
הַמַּשְׁקֶה אֶת הַזְּרָעִים חַיָּב מִשּׁוּם זוֹרֵעַ. לְפִיכָךְ אָסוּר לִשְׁאֹב מִן הַבּוֹר בְּגַלְגַּל גְּזֵרָה שֶׁמָּא יְמַלֵּא לְגִנָּתוֹ וּלְחֻרְבָּתוֹ. וּמִפְּנֵי זֶה אִם הָיָה הַבּוֹר שֶׁל גַּלְגַּל בֶּחָצֵר מֻתָּר לְמַלְּאוֹת מִמֶּנּוּ בַּגַּלְגַּל:
כסף משנה
5.
A person who waters seeds [that have been planted] is liable for [performing a derivative of the forbidden labor of] sowing.19See Chapter 8, Halachah 2. Therefore, it is forbidden to draw water from a cistern using a pulley,20Eruvin 104a relates that water was drawn from a cistern by a pulley in the Temple, but that this is forbidden outside the Temple premises. lest one draw water for one's garden and one's ruin. On this basis, if a cistern with a pulley is located in one's courtyard, it is permitted to use the pulley to draw water.21The location of the cistern clearly indicates that its water is intended to be used for household purposes. In the Kessef Mishneh, Rav Yosef Karo explains that even if a cistern is not located in a courtyard, as long as it is distant from a place where the water might be used for commercial purposes, one may draw water with a pulley. In the Shulchan Aruch (Orach Chayim 338:6), he mentions further leniencies.הלכה ו
התּוֹלֵשׁ חַיָּב מִשּׁוּם קוֹצֵר. לְפִיכָךְ אָסוּר לִרְדּוֹת דְּבַשׁ מִכַּוֶּרֶת בְּשַׁבָּת מִפְּנֵי שֶׁהוּא כְּתוֹלֵשׁ. אֵין עוֹלִין בְּאִילָן בֵּין לַח בֵּין יָבֵשׁ וְאֵין נִתְלִין בְּאִילָן וְאֵין נִסְמָכִין בְּאִילָן. וְלֹא יַעֲלֶה מִבְּעוֹד יוֹם לֵישֵׁב שָׁם כָּל הַיּוֹם כֻּלּוֹ. וְאֵין מִשְׁתַּמְּשִׁין בִּמְחֻבָּר לַקַּרְקַע כְּלָל גְּזֵרָה שֶׁמָּא יִתְלֹשׁ:
כסף משנה
6.
A person who detaches [produce or wood] is liable for [performing a derivative of the forbidden labor of] reaping.22See Chapter 8, Halachah 3. Accordingly, it is forbidden to remove honey from a beehive on the Sabbath,23If, however, the honey has oozed or has been removed from the beehive before the commencement of the Sabbath, it may be used. (See the rulings of the Shulchan Aruch and the Ramah [Orach Chayim 321:13].) because this resembles detaching [produce].24Note the Rambam's Commentary on the Mishnah (Sh'vi'it 10:7).We may not climb a tree;25This prohibition, as all the others mentioned in this halachah, was also instituted lest one detach fruit from a tree. (Note also the Shulchan Aruch [Orach Chayim 372:15], which mentions an exception to this principle.) [this includes both] a fresh tree and one that has dried out.26The commentaries question whether the Rambam's intent is that one is liable for detaching wood from a dried tree, or that this is merely a safeguard. (See Magen Avraham 336:1.) We may not suspend [articles from] a tree, nor may we lean on a tree. We may not climb a tree before the commencement of the Sabbath [with the intent of] remaining there for the entire day.27See Halachah 9 regarding whether or not a person who climbs a tree is allowed to descend on the Sabbath.
We may not use any [plant] that is attached to the ground.28Note the Shulchan Aruch (Orach Chayim 312:6), which mentions an exception to this principle. This is a decree, lest one detach [produce].
הלכה ז
פֵּרוֹת שֶׁנָּשְׁרוּ בְּשַׁבָּת אָסוּר לְאָכְלָן עַד מוֹצָאֵי שַׁבָּת גְּזֵרָה שֶׁמָּא יִתְלֹשׁ. הֲדַס הַמְחֻבָּר מֻתָּר לְהָרִיחַ בּוֹ שֶׁאֵין הֲנָיָתוֹ אֶלָּא לְהָרִיחַ בּוֹ וַהֲרֵי רֵיחוֹ מָצוּי. אֲבָל אֶתְרוֹג וְתַפּוּחַ וְכָל הָרָאוּי לַאֲכִילָה אָסוּר לְהָרִיחַ בּוֹ בִּמְחֻבָּר גְּזֵרָה שֶׁמָּא יָקֹץ אוֹתוֹ לְאָכְלוֹ:
כסף משנה
7.
Fruit that falls from a tree on the Sabbath may not be eaten until Saturday night; this is a decree lest one detach [produce].29Rav Moshe Cohen differs with the rationale given by the Rambam and explains that the reason these fruits are forbidden is that they are considered muktzeh, i.e., since picking them would involve transgressing a prohibition, one does not consider using them on the Sabbath. Others explain that they are forbidden, because they are nolad, i.e., the potential to use them did not come about until after the commencement of the Sabbath. Accordingly, it is forbidden to move them on the Sabbath. From the location in the Shulchan Aruch in which this law appears, Orach Chayim 322:3, one might infer that Rav Yosef Karo follows Rav Moshe Cohen's opinion.The Rambam accepts the principle of nolad only in regard to the festivals, and not in regard to the Sabbath (see Hilchot Sh'vitat Yom Tov 1:17) and does not consider the concept of muktzeh applicable here.
One may smell a myrtle that is attached [to its bush], because the only benefit one has from it is its fragrance, and its fragrance can be appreciated even when it is attached. In contrast, it is forbidden to smell an etrog, an apple, or any other [fruit] that is fit to be eaten while it is attached [to its tree]. This is a decree enacted lest one pick it to partake of it.30The Rambam follows Rabbenu Yitzchak Alfasi's version of Sukkot 37b. Rabbenu Chanan'el and others reverse the laws and grant the leniency regarding smelling an etrog and the like, but not a myrtle. The Shulchan Aruch (Orach Chayim 336:10) quotes the Rambam's view.
הלכה ח
אִילָן שֶׁהָיוּ שָׁרָשָׁיו גְּבוֹהִין מִן הָאָרֶץ שְׁלֹשָׁה טְפָחִים אָסוּר לֵישֵׁב עֲלֵיהֶן. וְאִם אֵינָן גְּבוֹהִין שְׁלֹשָׁה הֲרֵי הֵן כָּאָרֶץ. הָיוּ בָּאִין מִלְּמַעְלָה מִשְּׁלֹשָׁה לְתוֹךְ שְׁלֹשָׁה מֻתָּר לְהִשְׁתַּמֵּשׁ בָּהֶן. הָיוּ גְּבוֹהִין שְׁלֹשָׁה אַף עַל פִּי שֶׁצִּדָּן אֶחָד שָׁוֶה לָאָרֶץ אוֹ שֶׁיֵּשׁ חָלָל תַּחְתֵּיהֶן שְׁלֹשָׁה אָסוּר לֵישֵׁב עֲלֵיהֶן:
כסף משנה
8.
It is forbidden to sit on the roots of a tree that project more than three handbreadths above the ground.31This is considered equivalent to climbing a tree (Rambam's Commentary on the Mishnah, Eruvin 10:8). If, however, they are less than three [handbreadths above the ground], they are considered as the ground itself.32Based on the principle of l'vud.If [the roots] descend from three [handbreadths] above the ground to within three [handbreadths of the ground], it is permitted to make use of them.33I.e., the portion that is within three handbreadths of the ground. If they are three handbreadths above the ground [on one side] or if there is a cavity three [handbreadths high below them], it is forbidden to sit on them even when one side [of the roots] is level with the ground.34The Shulchan Aruch (Orach Chayim 336:2) mentions that it is even forbidden for them to sit on the side of the roots that is level with the ground. The difference between this law and the previous one is that in the previous law, the roots themselves descended within three handbreadths of the ground. In this law, a portion of the ground is upraised and is level with the roots.
הלכה ט
אֵין רוֹכְבִין עַל גַּבֵּי בְּהֵמָה בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יַחְתֹּךְ זְמוֹרָה לְהַנְהִיגָהּ. וְאֵין נִתְלִין בִּבְהֵמָה וְלֹא יַעֲלֶה מִבְּעוֹד יוֹם לֵישֵׁב עָלֶיהָ בְּשַׁבָּת. וְאֵין נִסְמָכִין לְצִדֵּי בְּהֵמָה. וְצִדֵּי צְדָדִין מֻתָּרִין. עָלָה בָּאִילָן בְּשַׁבָּת בְּשׁוֹגֵג מֻתָּר לֵירֵד. בְּמֵזִיד אָסוּר לֵירֵד. וּבִבְהֵמָה אֲפִלּוּ בְּמֵזִיד יֵרֵד מִשּׁוּם צַעַר בַּעֲלֵי חַיִּים. וְכֵן פּוֹרְקִין הַמַּשּׂאוֹי מֵעַל הַבְּהֵמָה בְּשַׁבָּת מִשּׁוּם צַעַר בַּעֲלֵי חַיִּים:
כסף משנה
9.
We may not ride on an animal on the Sabbath; this is a decree enacted35Although one is forbidden to cause an animal to carry a burden, riding an animal is not forbidden according to the Torah, because of the principle, "a living being carries itself." Nevertheless, there is a Rabbinic prohibition involved, as the Rambam explains. lest one cut a branch [to use as a switch] to guide it.36Beitzah 36b mentions another reason: perhaps one will ride beyond the Sabbath limits. Apparently the Rambam does not see these two positions as mutually exclusive.Note, however, the Chatam Sofer (Vol. VI, Responsum 96), who writes that our Sages were motivated by a desire to have animals rest on the Sabbath, and the rationales mentioned in the Talmud were of secondary importance. Sefer HaKovetz notes that, in fact, the Jerusalem Talmud mentions the desire that animals rest as the source for this law. We may not hang from an animal, nor may we climb onto an animal before the Sabbath so that we can sit upon it on the Sabbath.
We may not support ourselves by leaning on an animal;37When our Sages forbade riding on an animal, they also forbade using an animal for any other purpose (Shulchan Aruch HaRav 305:23; Mishnah Berurah 305:62). These prohibitions apply in all places, even in a desert where there are no trees from which one might detach a branch.
The Maggid Mishneh states that this prohibition applies also regarding articles hanging from trees. Support for this position can be derived from the Rambam's statements in Hilchot Sukkah 4:6, which prohibit use of both a sukkah constructed in a tree as well as one on an animal's back on the first day of the holiday. we may, however use articles hanging from an animal as a support.
A person38If, however, a utensil was placed in a tree on or before the Sabbath, it may not be removed (Maggid Mishneh; Ramah [Orach Chayim 336:1]). who climbs a tree on the Sabbath39If, however, he climbed the tree before the commencement of the Sabbath, he may descend on the Sabbath (Maggid Mishneh). Although the Rambam's view is accepted by most authorities, the Shulchan Aruch (loc. cit.) also mentions a more stringent opinion. without being aware of the prohibition involved is allowed to descend.40Although the person makes use of the tree in his process of descent, this is not forbidden. For the alternative available to him, staying in the tree for the entire Sabbath, also involves making use of the tree (Shulchan Aruch HaRav 336:2; Mishnah Berurah 336:6). [In contrast, one who climbs up] in conscious violation [of the prohibition] is forbidden to descend.
[In contrast, should one mount] an animal, one may descend even if one [mounted it] in conscious violation of the prohibition. [This leniency is granted] in consideration of the pain [endured] by the animal.41See Chapter 25, Halachah 26, for added leniencies granted in consideration of suffering endured by an animal. (See also the commentaries on Hilchot Rotzeach 13:9,13, which discuss the halachic ramifications of this principle. Note also The Guide to the Perplexed, Vol. III, chapter 17.) Similarly, we may remove a load from an animal on the Sabbath, because of the pain [endured] by the animal.
הלכה י
כֵּיצַד. הָיְתָה בְּהֶמְתּוֹ טְעוּנָה שָׁלִיף שֶׁל תְּבוּאָה מַכְנִיס רֹאשׁוֹ תַּחְתָּיו וּמְסַלְּקוֹ לְצַד אַחֵר וְהוּא נוֹפֵל מֵאֵלָיו. הָיָה בָּא מִן הַדֶּרֶךְ בְּלֵיל שַׁבָּת וּבְהֶמְתּוֹ טְעוּנָה. כְּשֶׁיַּגִּיעַ לֶחָצֵר הַחִיצוֹנָה נוֹטֵל אֶת הַכֵּלִים הַנִּטָּלִין בְּשַׁבָּת וְשֶׁאֵינָן נִטָּלִין מַתִּיר הַחֲבָלִים וְהַשַּׂקִּין נוֹפְלִין. הָיוּ בַּשַּׂקִּין דְּבָרִים הַמִּשְׁתַּבְּרִין. אִם הָיוּ שַׂקִּין קְטַנִּים מֵבִיא כָּרִים וּכְסָתוֹת וּמַנִּיחַ תַּחְתֵּיהֶן וְהַשַּׂקִּין נוֹפְלִין עַל הַכָּרִים. שֶׁהֲרֵי אִם יִרְצֶה לִשְׁלֹף הַכַּר שׁוֹלֵף מִפְּנֵי שֶׁהַשַּׂקִּים קְטַנִּים וְקַלִּים וְנִמְצָא שֶׁלֹּא בָּטֵל הַכְּלִי מֵהֵיכָנוֹ. הָיְתָה טְעוּנָה עֲשָׁשִׁיּוֹת שֶׁל זְכוּכִית מַתִּיר הַשַּׂקִּים וְהֵן נוֹפְלִין שֶׁאַף עַל פִּי שֶׁיִּשָּׁבְרוּ אֵין בְּכָךְ הֶפְסֵד גָּדוֹל שֶׁהֲרֵי הַכּל לְהַתָּכָה עוֹמֵד וּלְהֶפְסֵד מֻעָט לֹא חָשְׁשׁוּ. הָיוּ הַשַּׂקִּים גְּדוֹלִים וּמְלֵאִים כְּלֵי זְכוּכִית וְכַיּוֹצֵא בָּהֶם פּוֹרֵק בְּנַחַת. וּמִכָּל מָקוֹם לֹא יַנִּיחָן שָׁם עַל גַּבֵּי בְּהֵמָה מִשּׁוּם צַעַר בַּעֲלֵי חַיִּים:
כסף משנה
10.
What is implied?42The restrictive process of unloading an animal's burden described by the Rambam in this halachah is necessary only when the articles the animal is carrying are muktzeh (forbidden to be moved on the Sabbath day). If the articles are not muktzeh, they may be unloaded in an ordinary manner, provided one does not lean on the animal.From this, the Mishnah Berurah 305:65 derives that the prohibition against causing an animal's suffering is not strong enough to supersede the prohibition against muktzeh. If a person's animal is carrying a haversack of grain, [he may unload the animal in an irregular manner; he should insert his head under [the load, so that] it will be shifted to the other side and fall.43Although the grain is muktzeh, as long as one does not move it with one's hands, one is not violating the prohibition (Shulchan Aruch HaRav 305:24). See also Chapter 24:14-15.
[The following rules apply when a person] enters [a city] from a journey on Friday night and his animal is carrying a burden: When he reaches the outermost courtyard of the city, he should remove the utensils that may be carried on the Sabbath. Regarding those that may not be carried, he should loosen the ropes that are holding the bags, and allow the sacks to fall.
[The following rules apply] if the sacks contain articles that might break. If the sacks are small, one may bring pillows and blankets and place them under them, so that the sacks will fall on the pillows. [This is permitted] because, if the person desires, he could slip the pillows out from under the sacks, since these sacks are small and light. Thus, one has not nullified the possibility of using a utensil prepared for use on the Sabbath.44There are commentaries that emphasize that this is also a leniency. It is forbidden to nullify the possibility of using a utensil even temporarily. Hence, the only reason that putting the pillows under the sacks is permitted is that there is a substantial loss involved (Mishnah Berurah 266:27).
Note, however, the Maggid Mishneh, who mentions opinions that explain that since one can remove the pillows one by one at any time, one is never nullifying a utensil from being used.
If [the sacks are large and contain] large pieces of glass, one should release the sacks and let them fall. Even if they break, there will not be a great loss, for [such pieces of glass] are intended to be melted down.45Rashi (Shabbat 154b) offers a slightly different interpretation of the type of glass used and the purpose for which it was intended. [Therefore, only] a small loss [will be incurred],46I.e., although the larger pieces will break when they fall, the broken pieces that will remain will also be able to be used for the original purpose. Only a small quantity of glass will be totally useless.and this is of no concern to the Sages.
If the sacks are large and contain glass utensils and the like, one should unload the sacks gently.47Although unloading the glass utensils slowly will inevitably involve lifting the forbidden articles slightly, the Sages permitted this because of the loss involved (Maggid Mishneh; Shulchan Aruch HaRav 266:24).
Note also Shulchan Aruch Harav 266:25, which grants a further leniency and allows pillows and covers to be placed under large utensils in the case of a substantial loss, if there is no other alternative. Even though there is no way to remove the pillows from under the utensils on the Sabbath, this leniency is permitted because of the potential loss. The Be'ur Halachah 266 explains that this is a matter of controversy among the halachic authorities. One may not, however, leave them on the animal [for the entire Sabbath], because of the pain the animal [will suffer].
הלכה יא
הַמְדַבֵּק פֵּרוֹת עַד שֶׁיֵּעָשׂוּ גּוּף אֶחָד חַיָּב מִשּׁוּם מְעַמֵּר. לְפִיכָךְ מִי שֶׁנִּתְפַּזְּרוּ לוֹ פֵּרוֹת בַּחֲצֵרוֹ מְלַקֵּט עַל יָד עַל יָד וְאוֹכֵל. אֲבָל לֹא יִתֵּן לֹא לְתוֹךְ הַסַּל וְלֹא לְתוֹךְ הַקֻּפָּה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. שֶׁאִם יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל שֶׁמָּא יִכְבְּשֵׁם בְּיָדוֹ בְּתוֹךְ הַקֻּפָּה וְיָבֹא לִידֵי עִמּוּר. וְכֵן אֵין מְקַבְּצִין אֶת הַמֶּלַח וְכַיּוֹצֵא בּוֹ מִפְּנֵי שֶׁנִּרְאֶה כִּמְעַמֵּר:
כסף משנה
11.
A person who presses fruits together until they become a single entity is liable for [performing the forbidden labor of] collecting food.48See Chapter 8, Halachah 6. Therefore, a person whose fruits have been spread throughout his courtyard49The commentaries note that the Rambam's words seem to indicate that one is liable for collecting produce even when one does so far from the place where the produce originally grew. This issue is a point of disagreement among the commentaries. (See the notes on Chapter 8, Halachah 5.) may collect them by hand and partake of them.50Significantly, Tosafot, Shabbat 143b, suggests omitting the phrase "and partake of them." (Note the Be'ur Halachah 335.) He should not, however, place them into a basket or into a container as he does during the week. Were he to follow his ordinary weekday practice, there is the possibility that he would press them with his hands in the container and perform the forbidden labor of collecting food.51Although the prohibition against gathering produce is explicitly stated in Shabbat 143b, the rationale for the prohibition is a matter of debate among the halachic authorities. The reason suggested by the Rambam is not accepted by most, and other reasons are offered:a) it is possible that pebbles might be mixed in with the produce and thus one might come to perform the forbidden labor of separating (Rashba);
b) gathering produce is a weekday activity and its performance runs contrary to the atmosphere of peace and rest prevalent on the Sabbath (Beit Yosef, Orach Chayim 335). These are the rationales reflected in the rulings of the Shulchan Aruch (Orach Chayim 335:5).
Similarly, salt or the like should not be collected into a single block, because it appears as if one is collecting food.52According to the Torah, the forbidden labor of collecting food applies only with regard to the produce of the earth (Shabbat 73b; Chapter 8, Halachah 5). Nevertheless, the Rabbis extended the scope of the prohibition and forbade collecting other foods as well.
הלכה יב
מְפָרֵק חַיָּב מִשּׁוּם דָּשׁ. וְהַסּוֹחֵט זֵיתִים וַעֲנָבִים חַיָּב מִשּׁוּם מְפָרֵק. לְפִיכָךְ אָסוּר לִסְחֹט תּוּתִים וְרִמּוֹנִים הוֹאִיל וּמִקְצָת בְּנֵי אָדָם סוֹחֲטִים אוֹתָם כְּזֵיתִים וַעֲנָבִים שֶׁמָּא יָבוֹא לִסְחֹט זֵיתִים וַעֲנָבִים. אֲבָל שְׁאָר פֵּרוֹת כְּגוֹן פְּרִישִׁין וְתַפּוּחִים וְעוּזְרָדִין מֻתָּר לְסָחֳטָן בְּשַׁבָּת מִפְּנֵי שֶׁאֵינָן בְּנֵי סְחִיטָה:
כסף משנה
12.
A person who extracts [food from raw produce is liable for performing a derivative of] threshing. One who squeezes olives and grapes is liable for extracting.53See Chapter 8, Halachot 7 and 10. Rashi, Shabbat 143b, explains that the reason is that the primary purpose that grapes and olives are grown is for these liquids. With regard to other fruits, by contrast, it is not as common to use them for juice. From his Commentary on the Mishnah (Shabbat 22:1), it appears that the Rambam also accepts this rationale.(Rabbenu Nissim gives another reason: The juices of other fruits are not considered to be liquids, but rather food. See Hilchot Tum'at Ochalin 1:4. The Pri Megadim and others consider these to be two separate rationales.) Therefore, it is forbidden to squeeze berries or pomegranates. Since some people squeeze them [for juice]54This prohibition includes all fruits that are frequently used for juice (Ramah, Orach Chayim 320:1). Significantly, however, the Shulchan Aruch (loc. cit.:6) states that one may squeeze lemons. The Mishnah Berurah 320:22, however, questions that decision, because it is customary in many places to use lemons for juice. A similar question applies regarding many other fruit juices that are now far more popular than they were in previous generations. like olives and grapes, [were this to be allowed,] one might come to squeeze olives and grapes. It is, however, permitted to squeeze other fruit - e.g., quince, apples, and crab apples - on the Sabbath, since they are not usually squeezed.55The basis for this opinion is that even if a person desires to squeeze the fruit juice for use as a beverage, since the popular practice is not to do so, his individual intent is of no consequence. There are, however, opinions that maintain that a person is forbidden to squeeze juice from fruit if he desires to use it as a beverage.
Shulchan Aruch HaRav 320:1 states that, even though the halachic basis of the first view is sounder, in places where it is customary to follow the second view, the stringency should be maintained. (See also the Be'ur Halachah 320.)
הלכה יג
כְּבָשִׁין וּשְׁלָקוֹת שֶׁסְּחָטָן. אִם לְרַכֵּךְ גּוּפָן מֻתָּר וְאִם לְהוֹצִיא מֵימֵיהֶן אָסוּר. וְאֵין מְרַסְּקִין אֶת הַשֶּׁלֶג שֶׁיָּזוּבוּ מֵימָיו. אֲבָל מְרַסֵּק הוּא לְתוֹךְ הַקְּעָרָה אוֹ לְתוֹךְ הַכּוֹס. הַשּׁוּם וְהַבֹּסֶר וְהַמְּלִילוֹת שֶׁרִסְּקָן מִבְּעוֹד יוֹם. אִם מְחֻסָּרִין דִּיכָה אָסוּר לוֹ לִגְמֹר דִּיכָתָן בְּשַׁבָּת. וְאִם מְחֻסָּרִין שְׁחִיקָה בַּיָּד מֻתָּר לוֹ לִגְמֹר שְׁחִיקָתָן בְּשַׁבָּת. לְפִיכָךְ מֻתָּר לִגְמֹר שְׁחִיקַת הָרִיפוֹת בָּעֵץ הַפָּרוּר בְּתוֹךְ הַקְּדֵרָה בְּשַׁבָּת אַחַר שֶׁמּוֹרִידִין אוֹתָהּ מֵעַל הָאֵשׁ:
כסף משנה
13.
It is permitted to squeeze pickled or cooked foods to soften them.56Or to prepare them to be used as food in any other way. For example, to squeeze the oil from noodles (Mishnah Berurah 320:24,25). If, however, one's intent is to extract liquid from them,57As mentioned in Chapter 8, Halachah 10, even when one squeezes a food with the intent of removing its liquid, there is no prohibition involved if one squeezes the liquid directly into food. The rationale is that when a liquid is absorbed in food, its own identity is of no consequence. Hence, it is as if one is separating food from food. This concept is reflected in the rulings of the Shulchan Aruch (Orach Chayim 320:7). it is forbidden.58The prohibition is, however, only Rabbinic in origin. This follows Rabbenu Yitzchak Alfasi's interpretation of Shabbat 145a. Rabbenu Chanan'el rules that a person who squeezes these foods for the sake of their liquids is liable for transgressing a Torah prohibition.We may not crush snow, so that liquid will flow from it.59For this resembles crushing grapes or olives to produce wine or oil (Maggid Mishneh in the name of the Rashba). The Maggid Mishneh continues, explaining that other commentaries (see Rashi, Shabbat 51b, Beit Yosef, Orach Chayim 320) maintain that the prohibition stems from the fact that one is bringing into existence a new entity (nolad) on the Sabbath. It appears that the Rambam and the Rashba do not accept that rationale. One may, however, crush [snow] into a bowl or into a cup.60Rashi, Rabbenu Nissim, and others state that this refers to a cup or a bowl filled with liquid. They explain that this is permitted because the water from the snow will flow directly into this other liquid and will never exist as a separate distinct entity. The Rambam does not make such a distinction, and appears to allow squeezing the snow into an empty cup. It is possible that, according to the Rambam, this leniency also applies to the pickled and cooked foods mentioned in the first clause of this halachah. See Shulchan Aruch HaRav 320:6.
The Shulchan Aruch (Orach Chayim 320:9) states this law slightly differently: "One may place [snow] into a cup of wine or water so that it melts." Here, also, the Rambam is being more lenient, allowing the person to crush the snow by hand. The later authorities follow the ruling of the Shulchan Aruch.
[The following rules apply to] garlic, unripe grapes, and unripe grain that were crushed before the commencement of the Sabbath: If it is necessary that they be crushed [further], it is forbidden to continue crushing them on the Sabbath. If it is necessary that they [merely] be ground by hand,61Note the Maggid Mishneh's treatment of this subject in his gloss on Chapter 3, Halachah 2. As the Maggid Mishneh mentions, the leniency of this halachah is that one may perform an act to continue grinding these substances. it is permitted to complete grinding them on the Sabbath.
Accordingly, it is permitted to continue grinding kernels of grain with a wooden spoon in a pot62In one of his responsa, the Rambam explains that this refers to mixing meat, grain, and soup into a single mixture. on the Sabbath after [the pot] was removed from the fire.63It is, however, forbidden to perform this activity while the pot is on the fire. Inevitably, one will stir the pot's contents, and this is considered part of the cooking process (Chapter 9, Halachah 4).
הלכה יד
הַמּוֹלֵל מְלִילוֹת מוֹלֵל בְּשִׁנּוּי כְּדֵי שֶׁלֹּא יֵרָאֶה כְּדָשׁ. הַיּוֹנֵק בְּפִיו פָּטוּר. וְאִם הָיָה גּוֹנֵחַ מֻתָּר לוֹ לִינֹק בְּפִיו מִפְּנֵי שֶׁהוּא מְפָרֵק כִּלְאַחַר יָד וּמִשּׁוּם צַעֲרוֹ לֹא גָּזְרוּ וְאַף עַל פִּי שֶׁאֵין שָׁם סַכָּנָה:
כסף משנה
14.
One may remove grain from husks in an abnormal manner so that it does not appear that one is extracting.64It is, however, forbidden to perform this activity while the pot is on the fire. Inevitably, one will stir the pot's contents, and this is considered part of the cooking process (Chapter 9, Halachah 4).[An adult] who sucks milk with his mouth is not liable.65See Chapter 8, Halachah 10. If, however, he is groaning [from pain],66We have quoted the view of Tosafot (Yevamot 113a). Sucking milk fresh from an animal is considered a cure for pain felt in one's heart. The Rabbis question if this leniency also extends to a person groaning from hunger. it is permissible. Since he is extracting [the milk] in an abnormal manner67An animal is generally milked into a container. and he is in pain, the Sages do not forbid this, despite the fact that there is no danger involved.
הלכה טו
פֵּרוֹת שֶׁזָּבוּ מֵהֶן מַשְׁקִין בְּשַׁבָּת. אִם זֵיתִים וַעֲנָבִים הֵן אָסוּר לִשְׁתּוֹת אוֹתָן הַמַּשְׁקִין עַד מוֹצָאֵי שַׁבָּת גְּזֵרָה שֶׁמָּא יִתְכַּוֵּן וְיִסְחֹט אוֹתָן בְּשַׁבָּת. וְאִם תּוּתִים וְרִמּוֹנִים הֵן. אִם הִכְנִיסָן לַאֲכִילָה מַשְׁקִין שֶׁזָּבוּ מֵהֶן מֻתָּרִין. וְאִם הִכְנִיסָן לְדָרְכָן מַשְׁקִין שֶׁזָּבוּ מֵהֶן אֲסוּרִין עַד מוֹצָאֵי שַׁבָּת:
כסף משנה
15.
The following rules apply when] liquids flow from fruit on the Sabbath:68I.e., without any human activity being performed on the Sabbath day. As opposed to the following halachah, this applies to fruit that was not crushed before the Sabbath. If they are olives or grapes,69Since the primary purpose for which these fruits are used is to produce beverages, the Rabbis instituted the following prohibition even when the person purchased these fruits to eat (Shulchan Aruch, Orach Chayim 320:1). it is forbidden to partake of these liquids until Saturday night, lest one intentionally squeeze [these fruits] on the Sabbath.If they are berries or pomegranates,70Which are often used to produce juice, as mentioned in Halachah 12. As mentioned in that halachah, the Rambam allows one to squeeze other fruits for juice. Surely there are no prohibitions against liquids that flow from them.
As mentioned in the notes on that halachah, the Ramah (loc. cit.) states that whenever it is customary to drink a fruit's juice, the situation is governed by the laws that apply to pomegranates and berries. [the following rules apply]: If the person takes them [home] to eat, the beverages that flow from them are permitted.71Since the person intended to eat the fruit, he does not appreciate the fact that liquid has flowed from them and is not likely to squeeze them to produce more (Mishnah Berurah 320:6).
If the person brought them home with no specific intention, any liquid that flows from them is prohibited (ibid.). If he takes them [home] to press them [and extract their juice], the beverages that flow from them are forbidden until Saturday night.
הלכה טז
זֵיתִים וַעֲנָבִים שֶׁרִסְּקָן מֵעֶרֶב שַׁבָּת וְיָצְאוּ מֵהֶן מַשְׁקִין מֵעַצְמָן מֻתָּרִין. וְכֵן חַלּוֹת דְּבַשׁ שֶׁרִסְּקָן מֵעֶרֶב שַׁבָּת מַשְׁקִין הַיּוֹצְאִין מֵהֶן בְּשַׁבָּת מֻתָּרִין. שֶׁאֵין כָּאן מָקוֹם לִגְזֵרָה שֶׁכְּבָר רִסְּקָן מִבָּעֶרֶב:
כסף משנה
16.
When grapes or olives are crushed on Friday, the liquids that flow from them on the Sabbath on their own accord are permitted. Similarly, when honeycombs are crushed on Friday, the liquid that flows out on its own accord on the Sabbath is permitted. There is no reason for a prohibition [to be imposed], since they were already crushed on [Friday].72There is another opinion in the Mishnah (Shabbat 22:1), which forbids using liquid that flows from crushed honeycombs, lest one come to crush other ones on the Sabbath. Nevertheless, in practice, the more lenient view is accepted.הלכה יז
זוֹרֶה וּבוֹרֵר מֵאֲבוֹת מְלָאכוֹת הֵן לְפִיכָךְ אַף עַל פִּי שֶׁמֻּתָּר לִמְלל מְלִילוֹת בְּרָאשֵׁי אֶצְבְּעוֹתָיו. כְּשֶׁהוּא מְנַפֵּחַ מְנַפֵּחַ בְּיָדוֹ אַחַת בְּכָל כֹּחוֹ. אֲבָל לֹא בְּקָנוֹן וְלֹא בְּתַמְחוּי גְּזֵרָה שֶׁמָּא יְנַפֶּה בְּנָפָה וּבִכְבָרָה שֶׁהוּא חַיָּב. והַמְשַׁמֵּר שְׁמָרִים תּוֹלֶדֶת בּוֹרֵר אוֹ מְרַקֵּד הוּא. לְפִיכָךְ אַף עַל פִּי שֶׁמֻּתָּר לְסַנֵּן יַיִן צָלוּל אוֹ מַיִם צְלוּלִין בְּסוּדָרִין אוֹ בִּכְפִיפָה מִצְרִית. לֹא יַעֲשֶׂה גּוּמָא בַּסּוּדָר שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל וְיָבֹא לְשַׁמֵּר בִּמְשַׁמֶּרֶת. וְכֵן אָסוּר לִתְלוֹת אֶת הַמְשַׁמֶּרֶת כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל שֶׁמָּא יָבֹא לְשַׁמֵּר. וְכֵן הַמְחַבֵּץ תּוֹלֶדֶת בּוֹרֵר הוּא. לְפִיכָךְ אַף עַל פִּי שֶׁנּוֹתְנִין שֻׁמְשְׁמִין וֶאֱגוֹזִים לִדְבַשׁ לֹא יַחְבְּצֵם בְּיָדוֹ:
כסף משנה
17.
Winnowing and selecting are primary categories of [forbidden] labor.73See Chapter 8, Halachah 11. Therefore, even though a person is permitted to remove grain from husks with his fingertips,74See Halachah 14. when he blows air [over them to cause the husks to fall],75By blowing the air over them, he causes the husks to fall. Alternatively, this prohibition can be interpreted to refer to fanning the grain with one's hand or sifting it in the air. This appears to be the conception of the Shulchan Aruch which employs the word מנפה, "sift," rather than מנפח, "blow."Although blowing away the chaff is part of the forbidden labor of winnowing, it is permitted, because one's intent is to partake of the food directly afterwards. See a parallel in Chapter 8, Halachah 12, in regard to the forbidden labor of separating. he may do so [only while holding them] in one hand,76Implied is that using two hands is forbidden (Shulchan Aruch, Orach Chayim 319:7) blowing with all his strength. He may not, however, use a tray or a pot with compartments,77As mentioned in the notes on Chapter 8, Halachah 12, our translation of these terms is taken from the Rambam's Commentary on the Mishnah, Keilim 16:3. Most commentaries follow other interpretations. (See Ramah, loc. cit..) lest he use a sifter or a strainer, for which he is liable.
Filtering dregs is a derivative [of either of the forbidden labors] of selecting or of sifting.78See Chapter 8, Halachah 11, which states that three forbidden categories of labor - winnowing, selecting, and sifting - are very similar. Nevertheless, "every labor that was performed in the Sanctuary is counted as a separate category."
In Chapter 8, Halachah 14, the Rambam speaks of filtering wine and water, mentioning several of the points touched on in this halachah. Therefore, even though it is permitted to filter clear wine or clear water79But not wine or water that is filled with dregs. using a handkerchief or an Egyptian basket,80See, however, Chapter 22, Halachah 33, where the Rambam mentions how one must hold the Egyptian basket lest one violate a Rabbinic prohibition against erecting a tent.one should not make a hollow in the handkerchief [to gather the dregs] as one does during the week, lest one filter [dregs] with a filter. Similarly, it is forbidden to hang a filter as one does during the week, lest one filter [dregs with it].81Significantly, there are authorities who associate this prohibition with the prohibition against erecting a tent. (See also the Shulchan Aruch HaRav 315:14 and the Mishnah Berurah 319:49, which explain that the prohibition against hanging a filter was instituted to prevent involvement with "mundane activity.")
This refers to hanging the filter over a container in the manner in which one filters beverages. There is no prohibition, however, against hanging the filter in the open air (Mishnah Berurah 315:36).
Causing milk to curdle [to make cheese] is a derivative [of the category] of separating.82See Chapter 8, Halachah 11. Therefore, even though it is permitted to place sesame seeds and nuts into honey, one should not mix them into a block with one's hands.83Note the gloss of Rav Moshe Cohen of Lunil and the Magen Avraham 319:19, who question the connection between mixing nuts into honey and making cheese. The Tosefta, Shabbat 13:12, mentions mixing nuts and honey in connection with the forbidden labor of kneading. Kinat Eliyahu explains that the Rambam's intent might be that just as when curdling milk for cheese one makes a single block of food from liquid, so too, one accomplishes the same objective by making such a candy.
הלכה יח
הַמְחַתֵּךְ אֶת הָיָּרָק דַּק דַּק כְּדֵי לְבַשְּׁלוֹ הֲרֵי זֶה תּוֹלֶדֶת טוֹחֵן וְחַיָּב. לְפִיכָךְ אֵין מְרַסְּקִין לֹא אֶת הַשַּׁחַת וְלֹא אֶת הַחֲרוּבִין לִפְנֵי בְּהֵמָה בֵּין דַּקָּה בֵּין גַּסָּה מִפְּנֵי שֶׁנִּרְאֶה כְּטוֹחֵן. אֲבָל מְחַתְּכִין אֶת הַדְּלוּעִין לִפְנֵי הַבְּהֵמָה וְאֶת הַנְּבֵלָה לִפְנֵי הַכְּלָבִים שֶׁאֵין טְחִינָה בְּפֵרוֹת. וּמַתִּירִין אֲלֻמּוֹת שֶׁל עָמִיר לִפְנֵי בְּהֵמָה וּמְפַסְפֵס בְּיָדוֹ אֲלֻמּוֹת קְטַנּוֹת אֲבָל לֹא אֲלֻמּוֹת גְּדוֹלוֹת מִפְּנֵי הַטֹּרַח שֶׁבָּהֶן:
כסף משנה
18.
[A person who] cuts vegetables into small pieces in order to cook84In his Kessef Mishneh, Rav Yosef Karo notes that the Rambam's wording here (and in Chapter 7, Halachah 5) appears to indicate that one is liable for grinding only when cutting produce with the intention of cooking it. If, however, one intends to eat the produce raw - e.g., in a salad - one is not liable.In the Kessef Mishneh, Rav Yosef Karo concludes by stating that this interpretation is not absolutely imperative. In the Shulchan Aruch (Orach Chayim 321:12), however, he states that one who cuts produce is liable for grinding without any qualification. The Ramah, in his gloss, clarifies that one is liable only when one cuts the vegetables and then stores them for later use. If one partakes of them immediately, one is not liable.
The later authorities (Shulchan Aruch HaRav 321:10; Mishnah Berurah 321:45) mention opinions that question the leniency mentioned by the Ramah. They also emphasize that the Ramah granted permission to cut the vegetables only with a knife. Even he forbids using a grater or similar utensil. them is liable [for performing] a derivative [of the forbidden labor] of grinding.85See Chapter 8, Halachah 15. Therefore, it is forbidden to shred straw86In his Commentary on the Mishnah (Shabbat 24:2), the Rambam explains that this refers to stalks of grain or beans that are harvested as animal fodder, before their produce matures. or carobs87The Mishnah Berurah 324:23 states that this refers to soft carobs that can be eaten without difficulty even when they are not cut. Carobs that have already hardened are forbidden to be cut. There is, however, room for questioning whether the Rambam would make such a distinction. for animals, whether in large or small pieces, because it appears as if one is grinding.88In the Kessef Mishneh and in the Shulchan Aruch (Orach Chayim 324:7), Rav Yosef Karo differs with the Rambam and states that the reason for these prohibitions is that it is forbidden to undertake any unnecessary effort to prepare food for animals. Since these foods could be eaten without being shredded, it is forbidden to shred them on the Sabbath. One may, however, cut gourds for an animal, or an animal carcass89This refers even to an animal that died on the Sabbath itself. It is not considered muktzeh and may be served to dogs. Note, however, the Mishnah Berurah 324:17, which questions whether this leniency applies if the animal was healthy before the commencement of the Sabbath. In this context, note Hilchot Sh'vitat Yom Tov 1:17, 2:16. for dogs, for there is no concept of grinding regarding fruit.90In this instance, we have translated the word פירות as "fruit," rather than "produce" in order to avoid a difficulty mentioned by the commentaries. The Maggid Mishneh states that he has seen texts of the Mishneh Torah that read "for grinding applies only regarding produce." Although he favors that version over the one found in the standard texts, he finds neither to be fully satisfying.
The Kessef Mishneh explains the Maggid Mishneh's equivocation as follows. The standard text is problematic, since straw and carobs are also produce, and if there were no prohibition against grinding produce, there would be no reason to forbid shredding them. The amended version, however, is also somewhat difficult, since gourds are also produce.
Rav Yosef Karo himself favors the standard text and states that the phrase "there is no concept of grinding regarding..." is the rationale for the prohibition against shredding carobs.
To explain: The word פירות in this instance has a more restricted meaning, meaning "fruit" rather than "produce." The concept of grinding applies only with regard to grains and vegetables, but not with regard to fruit. Therefore, the prohibition against shredding carobs is only Rabbinic in origin. Although the clause pertaining to gourds and animal carcasses interposes between the clause regarding carobs and the rationale explaining it, that is not an insurmountable difficulty.
We may untie bundles of straw for an animal. One may spread out91With the palms of one's hands (Rambam's Commentary on the Mishnah, Shabbat 24:2). small sheaves, but not large ones,92Note the Rambam's Commentary on the Mishnah (loc. cit.), which interprets all the terms in the relevant clause as referring to sheaves of straw, in contrast to Rashi and others, who interpret one term as referring to cedar bows. (See also the Maggid Mishneh and the Kessef Mishneh, who struggle to explain how the Rambam's ruling is derived from Shabbat 155a, the source for this halachah.) because this entails effort.93This refers to the principle stated in Shabbat (ibid.) and quoted in the Shulchan Aruch (loc. cit.:4), which states that we are able to lay out food for an animal to eat. We may not, however, undertake any extra difficulty to make the food more attractive and more accessible for the animal.
הלכה יט
חֲבִילֵי פֵּאָה וְאֵזוֹב וְקוֹרָנִית וְכַיּוֹצֵא בָּהֶן שֶׁהִכְנִיסָן לְמַאֲכַל בְּהֵמָה מִסְתַּפֵּק מֵהֶן וְקוֹטֵם וְאוֹכֵל בְּרָאשֵׁי אֶצְבְּעוֹתָיו אֲבָל לֹא בְּיָדוֹ הַרְבֵּה שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל וְיָבֹא לָדוּק:
כסף משנה
19.
One may partake of bundles of siah, ezov, and kornit94From the Rambam's Commentary on the Mishnah (Sh'vi'it 8:1), it appears that all three of these terms refer to species of hyssop. Hyssop is often used as animal fodder, but is occasionally employed as food for humans, and at times is used as kindling wood. and the like that were stored for use as animal fodder.95If, however, they are stored for use as kindling wood, it is forbidden to take them, as stated in Chapter 26, Halachah 18. One may break off some with one's fingertips, but should not break off a large amount with one's hands, so that one does not follow one's weekday practice and come to crush them.96Note the slight difference in the manner in which this law is quoted in the Shulchan Aruch (Orach Chayim 321:1).הלכה כ
הַצָּרִיךְ לָדוּק פִּלְפְּלִים וְכַיּוֹצֵא בָּהֶן לִתֵּן לְתוֹךְ הַמַּאֲכָל בְּשַׁבָּת הֲרֵי זֶה כּוֹתֵשׁ בְּיַד הַסַּכִּין וּבַקְּעָרָה אֲבָל לֹא בְּמַכְתֶּשֶׁת מִפְּנֵי שֶׁהוּא טוֹחֵן. לְפִיכָךְ אָסוּר לַבָּרִיא לְהִתְרַפְּאוֹת בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יִשְׁחֹק הַסַּמְמָנִין:
כסף משנה
20.
A person who must pulverize pepper and the like to season food on the Sabbath should crush it with the handle of a knife against the bowl.97Compare to Hilchot Sh'vitat Yom Tov 3:12, which states that one may crush peppers with a mortar and pestle. It is forbidden to use a pestle, for one is grinding.98Thus, one must depart from one's ordinary process in two ways, using the handle of a knife instead of a mortar, and using a bowl instead of a pestle. For this reason, it is forbidden for a healthy person to take medication on the Sabbath. This is a decree [enacted] lest one grind herbs.הלכה כא
כֵּיצַד. לֹא יֹאכַל דְּבָרִים שֶׁאֵינָן מַאֲכַל בְּרִיאִים כְּגוֹן אֱזוֹבְיוֹן וּפֵיאָה. וְלֹא דְּבָרִים הַמְשַׁלְשְׁלִים כְּגוֹן לַעֲנָה וְכַיּוֹצֵא בָּהֶם. וְכֵן לֹא יִשְׁתֶּה דְּבָרִים שֶׁאֵין דֶּרֶךְ הַבְּרִיאִים לִשְׁתּוֹתָן כְּגוֹן מַיִם שֶׁבִּשְּׁלוּ בָּהֶן סַמְמָנִין וַעֲשָׂבִים:
כסף משנה
21.
What is implied? A person99This refers to a person who feels discomfort, but whose life is not in danger, nor would he be classified as being חולה, "sick." Therefore, the various leniencies mentioned in Chapter 2 do not apply to him. should not partake of foods that are not ordinarily eaten by healthy people100The Shulchan Aruch (Orach Chayim 328:37) states that these restrictions apply only to a person who feels discomfort. A person who is totally healthy may partake of foods that are usually eaten only for medicinal purposes. Shulchan Aruch HaRav 328:43 and the Mishnah Berurah 328:120, however, qualify this leniency and state that if the person's intent is to enhance his health, it is forbidden even when he has no signs of illness. - e.g., hyssop and piah101A plant with red roots, used for dyeing or for medical purposes. - nor herbs that cause diarrhea - e.g., wormwood and the like. Nor should one drink beverages that are not ordinarily drunk by healthy people - e.g., water cooked with herbs and grasses.הלכה כב
אוֹכֵל אָדָם אֳכָלִין וּמַשְׁקִין שֶׁדֶּרֶךְ הַבְּרִיאִים לְאָכְלָן וְלִשְׁתּוֹתָן כְּגוֹן הַכֻּסְבָּרָא וְהַכְּשׁוּת וְהָאֵזוֹב אַף עַל פִּי שֶׁהֵן מְרַפְּאִין וְאוֹכְלָן כְּדֵי לְהִתְרַפְּאוֹת בָּהֶם מֻתָּר הוֹאִיל וְהֵם מַאֲכַל בְּרִיאִים. שָׁתָה חִלְתִּית מִקֹּדֶם הַשַּׁבָּת וַהֲרֵי הוּא שׁוֹתֶה וְהוֹלֵךְ מֻתָּר לִשְׁתּוֹתוֹ בְּשַׁבָּת [אֲפִלּוּ] בִּמְקוֹמוֹת [שֶׁלֹּא] נָהֲגוּ הַבְּרִיאִים לִשְׁתּוֹת הַחִלְתִּית. וְשׁוֹתִין זֵיתוֹם הַמִּצְרִי בְּכָל מָקוֹם:
כסף משנה
22.
A person102Even one suffering from discomfort. may, however, partake of coriander seed, hops, hyssop,103As reflected by a comparison to the previous halachah, there are several species of hyssop, some eaten by healthy people and some used primarily for medicinal purposes. and other foods and beverages that healthy people frequently eat and drink. Although they are being healed as they eat, this is permitted, since the food is ordinarily eaten by healthy people.104When stating this law, the Shulchan Aruch (Orach Chayim 328:37) mentions that even if it is obvious that the person is partaking of the food for medicinal purposes, since this food is also frequently eaten for other reasons, there is no prohibition.A person who has drunk chiltit105A plant known as asafetida, possessing a resin that is bitter tasting, and which is used as a remedy for chest pains (Meiri).
In his Commentary on the Mishnah (Shabbat 22:3), the Rambam states that a beverage produced from this plant is often drunk by people in cold lands because of the warm sensation it produces. before the Sabbath on several occasions may drink it on the Sabbath,106As indicated by Chapter 22, Halachah 7, once a person has begun drinking chiltit, he should continue. Otherwise, he risks the possibility of falling sick. Therefore, even though most healthy people in a community do not partake of this beverage, a person who has become accustomed to it may continue. even in places where it is not customary for healthy people to drink chiltit.107This is the text recommended by the Maggid Mishneh according to the explanation given in the previous note. There are, however, versions of the Mishneh Torah that read, "A person who has drunk chiltit... may drink it in places where it is not customary for healthy people to drink chiltit." According to this version, chiltit is being given as an example of the concept stated in the first clause of this halachah. Egyptian beer108In his Commentary on the Mishnah (Pesachim 3:1), the Rambam defines this as a beverage made from water, into which salt, barley flour, and wild saffron are mixed. Shabbat 101a explains that this beer helps people with stomach discomforts. may be drunk in all places.
הלכה כג
וְכֵן שְׁמָנִים שֶׁדֶּרֶךְ הַבְּרִיאִים לָסוּךְ בָּהֶן מֻתָּר לָסוּךְ בָּהֶן בְּשַׁבָּת וְאַף עַל פִּי שֶׁנִּתְכַּוֵּן לִרְפוּאָה. וְשֶׁאֵין הַבְּרִיאִים סָכִין בָּהֶן אֲסוּרִין. הַחוֹשֵׁשׁ בְּמָתְנָיו לֹא יָסוּךְ יַיִן וְחֹמֶץ אֲבָל סָךְ הוּא אֶת הַשֶּׁמֶן. וְלֹא שֶׁמֶן וֶרֶד אֶלָּא בְּמָקוֹם שֶׁהַבְּרִיאִים סָכִין אוֹתוֹ. וּמֻתָּר לָסוּךְ שֶׁמֶן וּמֶלַח בְּכָל מָקוֹם. נִגְּפָה יָדוֹ אוֹ רַגְלוֹ צוֹמְתָהּ בְּיַיִן וְאֵינוֹ צוֹמְתָהּ בְּחֹמֶץ. וְאִם הָיָה עָנֹג אַף בְּיַיִן אָסוּר:
כסף משנה
23.
[Similar concepts apply regarding oils:] A person is allowed to anoint himself on the Sabbath with oils that healthy people use to anoint themselves, even though his intent is for healing purposes. It is, however, forbidden [to anoint oneself with oils] that are not used by healthy people.109Note the Ramah (Orach Chayim 327:1), who writes that at present it is not common for healthy people to apply oil to themselves. Therefore, it is forbidden to apply oil to oneself with any oil on the Sabbath for therapeutic purposes.A person who has groinal discomfort may not apply wine or vinegar.110These liquids are not usually applied to the body. Therefore, when one applies them, it is obvious that one's intent is for medicinal purposes. Note the Shulchan Aruch (Orach Chayim 327:1), which states "one may not apply a mixture of oil and vinegar" and does not mention the application of vinegar alone. He may, however, apply oil. One may use rose oil only in places where healthy people anoint themselves with it.111The Mishnah (Shabbat 14:4) records an opinion that states that only "the sons of kings" may apply rose oil. Rabbi Shimon, however, grants this license universally, for "all Jews are the sons of kings." Shabbat 111b, however, restricts this leniency to places where this oil is freely available. It is permitted to anoint oneself with oil and salt in all places.112Shabbat 66b mentions that soaking one's hands and feet in a mixture of oil and salt is a remedy for intoxication.
A person who wounded his hand or foot may soak it in wine,113To stop the flow of blood. This refers to a wound that was not caused by an iron utensil, nor one that is located in a place where bleeding might be dangerous. In these instances, one may dress the wound in a normal manner even if it is necessary to violate the Sabbath laws (Shulchan Aruch Harav 328:34; Mishnah Berurah 328:91). but not in vinegar.114Nor in beverages with high alcoholic content (Mishnah Berurah 328:92). If his [constitution] is delicate, he is even forbidden [to soak it] in wine.
הלכה כד
הַחוֹשֵׁשׁ בְּשִׁנָּיו לֹא יִגְמַע בָּהֶן אֶת הַחֹמֶץ וְיִפְלֹט אֲבָל מְגַמֵּעַ הוּא וּבוֹלֵעַ. הַחוֹשֵׁשׁ בִּגְרוֹנוֹ לֹא יְעַרְעֶנּוּ בְּשֶׁמֶן אֲבָל בּוֹלֵעַ הוּא שֶׁמֶן הַרְבֵּה וְאִם נִתְרַפֵּא נִתְרַפֵּא. אֵין לוֹעֲסִין אֶת הַמַּסְטְכִי וְאֵין שָׁפִין אֶת הַשִּׁנַּיִם בְּסַם בְּשַׁבָּת בִּזְמַן שֶׁנִּתְכַּוֵּן לִרְפוּאָה. וְאִם נִתְכַּוֵּן לְרֵיחַ הַפֶּה מֻתָּר:
כסף משנה
24.
A person who feels discomfort in his teeth may not sip vinegar and spit it out.115The Mishnah (Shabbat 14:4) gives another alternative: Dipping one's food in vinegar. He may, however, sip it and swallow it. A person who has a sore throat may not gargle with oil. He may, however, drink large amounts of oil, and if he is cured in this manner, it is [welcome].116Shulchan Aruch HaRav 328:39 mentions opinions that permit this only when the oil is mixed with vegetable juice, since otherwise it is not the usual practice to drink oil.We may not chew gum.117This refers to raw gum taken from trees, and not to commercially prepared chewing gum. A person may not brush his teeth with herbs on the Sabbath if his intent is to cure [discomfort].118Some authorities forbid brushing one's teeth if one's gums are likely to bleed. Similarly, using toothpaste is forbidden. If, however, he intends to improve the fragrance of his breath, it is permitted.119The same principles apply to the use of mouthwash.
הלכה כה
אֵין נוֹתְנִין יַיִן לְתוֹךְ הָעַיִן אֲבָל נוֹתֵן הוּא עַל גַּב הָעַיִן. וְרֹק תָּפֵל אֲפִלּוּ עַל גַּב הָעַיִן אָסוּר. קִילוֹר שֶׁשָּׁרָה אוֹתוֹ מֵעֶרֶב שַׁבָּת מַעֲבִירוֹ עַל גַּב עֵינוֹ בְּשַׁבָּת וְאֵינוֹ חוֹשֵׁשׁ. מִי שֶׁלָּקָה בְּאֶצְבָּעוֹ לֹא יִכְרֹךְ עָלָיו גֶּמִי כְּדֵי לְרַפְּאוֹתוֹ וְלֹא יִדְחָקֶנּוּ בְּיָדוֹ כְּדֵי לְהוֹצִיא מִמֶּנּוּ דָּם:
כסף משנה
25.
One may not apply wine to one's eyes, but one may place it on one's eyelids.120Based on Rashi, Shabbat 108b, the Shulchan Aruch 328:20 forbids opening and closing one's eye to let the wine in, even when the wine was applied to one's eyelids. It is forbidden to apply saliva taken from a person before he ate - even to one's eyelids. An eye salve that was left to soak on Friday121Note the apparent contradiction to Chapter 3, Halachah 2, which states that one may leave eye salve on one's eye on Friday, implying that the salve must be applied before the commencement of the Sabbath, and not afterwards.From a comparison to the quotation of the laws in the Shulchan Aruch 252:5 and 328:21, the following resolution may be offered. When one applies an eye salve itself to one eye, it must be applied before the Sabbath. If, however, the salve is mixed with water and is no longer a distinct entity, one may rinse one's eyes with it on the Sabbath. may be applied to one's eyes on the Sabbath without hesitation.
A person whose finger becomes wounded should not wind a reed122From the manner in which the Ramah (Orach Chayim 328:24) and others state this law, it would appear that the intent is not that the reed be used as a bandage, but that it has other therapeutic qualities as well. around it to heal it,123Eruvin 10:14 mentions that this was permitted in the Temple, because it was not necessary to observe the prohibitions classified as sh'vut there. (See Hilchot Klei HaMikdash 10:9.) From this statement, the Rambam derived that this is forbidden outside the Temple's premises. nor should he squeeze it tightly with his hand so that it bleeds.
הלכה כו
אֵין נוֹתְנִין חַמִּין וְשֶׁמֶן עַל גַּבֵּי הַמַּכָּה. וְלֹא עַל גַּבֵּי מוֹךְ שֶׁעַל גַּבֵּי הַמַּכָּה. וְלֹא עַל גַּבֵּי מוֹךְ לִתְּנוֹ עַל הַמַּכָּה בְּשַׁבָּת. אֲבָל נוֹתֵן הוּא חוּץ לַמַּכָּה וְשׁוֹתֵת וְיוֹרֵד לַמַּכָּה. וְנוֹתְנִין מוֹךְ יָבֵשׁ עַל גַּבֵּי הַמַּכָּה. וְאִם הָיָה עַתִּיק אָסוּר מִפְּנֵי שֶׁהוּא כִּרְטִיָּה:
כסף משנה
26.
We may not place hot water or oil124Although this appears to be the Rambam's intent, the Shulchan Aruch (Orach Chayim 328:22) quotes this prohibition as referring to oil and hot water mixed together. on a wound, nor on a wad of unprocessed fabric that is above a wound, nor on a wad of unprocessed fabric to be placed on a wound.125Here there is an added difficulty. One may squeeze the liquids from the wadding when applying them to the wound and it is forbidden to squeeze liquids from a cloth. We may, however, apply it outside the wound [so that] it will flow into the wound.We may place a dry wad of unprocessed fabric on a wound. If, however, it is aged fabric, this is forbidden, since this is like applying a bandage.126Note the differences between the manner in which this law is stated by the Rambam and by the Shulchan Aruch (loc. cit.:23).
הלכה כז
רְטִיָּה שֶׁפָּרְשָׁה עַל גַּבֵּי כְּלִי מַחְזִירִין אוֹתָהּ. וְאִם פָּרְשָׁה עַל גַּבֵּי קַרְקַע אָסוּר לְהַחֲזִירָהּ. וּמַנִּיחִין רְטִיָּה עַל גַּבֵּי הַמַּכָּה לְכַתְּחִלָּה בַּמִּקְדָּשׁ שֶׁאֵין אִסּוּר שְׁבוּת בַּמִּקְדָּשׁ. וּבְכָל מָקוֹם מְקַנְּחִין פִּי הַמַּכָּה וְאֵין מְקַנְּחִין אֶת הָרְטִיָּה שֶׁמָּא יְמָרֵחַ:
כסף משנה
27.
A bandage that has fallen onto a utensil may be put back [on a wound].127As long as the bandage has not fallen on the ground, it is considered as if it merely slipped off the wound, and therefore it may be returned to its place.It must be emphasized that the bandages referred to here are those to which salves or other liquids have been applied. Applying such a bandage resembles smearing substances. There is no restriction against placing a bandaid or other dry bandage on a wound on the Sabbath. See Shulchan Aruch (Orach Chayim 328:23-24). If, however, it falls to the ground, one is forbidden to put it back.128Eruvin 102b and the commentaries on the Shulchan Aruch (Orach Chayim 328:25) interpret this prohibition as a safeguard, lest one come to spread a salve. Since the bandage was applied on Friday, there is no reason for a safeguard lest one grind herbs.
We may place a bandage on a wound for the first time in the Temple [on the Sabbath],129Outside the Temple, there is a prohibition against placing a bandage on a wound for the first time on the Sabbath, lest one grind herbs, and lest one spread the salves. Nevertheless, since both these prohibitions are considered in the category of sh'vut, they are waived in the Temple.
This is the explanation according to the standard printed text of the Mishneh Torah, and this text is accepted by Rav Kapach and Rav Frankel in their texts of the Mishneh Torah. The Maggid Mishneh, however, questions this version of the text based on the Eruvin 10:13, which states, "We may return a bandage [to a wound] in the Temple, but not elsewhere." Indeed, his question is reinforced by the Rambam's Commentary on the Mishnah, which states that outside of the Temple, one may not return a bandage to its place after it has fallen to the ground. In the Temple, however, this is permitted. Nevertheless, it is forbidden to place a bandage on a wound for the first time on the Sabbath even in the Temple.
Nevertheless, several of the later commentaries (Seder HaMishneh; Or Sameach) attempt to justify the standard text of the Mishneh Torah, basing their explanations on the Rambam's statements in Hilchot Korban Pesach 1:16, where the Rambam states that when Pesach was celebrated on the Sabbath, the priests would wash the floor of the Temple Courtyard on the Sabbath to clean away the blood and refuse from the Paschal sacrifices.
In the source for that halachah, Pesachim 65a, there is a difference of opinion on this matter among the Sages. Rabbi Natan maintains that the only time a prohibition that is in the category of sh'vut is suspended in the Temple is when transgressing it is necessary for the Temple service. Therefore, he rules that it is forbidden to wash the Temple floor on such an occasion, for doing so is an expression of respect for the Temple, but is not a necessity for its service to continue.
From the fact that the Rambam rejects Rabbi Natan's view, it is clear that he maintains that - as he says simply in this halachah - "The prohibitions classified as sh'vut do not apply in the Temple" - i.e., they do not apply at all. The Mishnah in Eruvin follows Rabbi Natan's opinion. Therefore, in his Commentary on the Mishnah, the Rambam explains Rabbi Natan's position. This explanation does not reflect the Rambam's own view; that is expressed in our halachah. for the prohibitions classified as sh'vut do not apply in the Temple.130For the priests were careful and would not come to violate a Torah prohibition (the gloss of Rabbenu Yehonatan, Eruvin 102b). In all places, one is allowed to clean the opening of a wound. One may not, however, clean a bandage, lest one spread [a salve].131Significantly, when the Shulchan Aruch (Orach Chayim 328:26 cites this law, it changes the wording slightly and states, "for one is spreading [a salve]." Spreading a salve is a derivative of the forbidden labor of smoothing, as stated in Chapter 11, Halachah 6.
הלכה כח
סָכִין וּמְמַשְׁמְשִׁין בִּבְנֵי מֵעַיִם בְּשַׁבָּת וְהוּא שֶׁיָּסוּךְ וִימַשְׁמֵשׁ בְּבַת אַחַת כְּדֵי שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. וְאֵין מִתְעַמְּלִין בְּשַׁבָּת. אֵי זֶה הוּא מִתְעַמֵּל זֶה שֶׁדּוֹרְסִים עַל גּוּפוֹ בְּכֹחַ עַד שֶׁיִּיגַע וְיַזִּיעַ אוֹ שֶׁיְּהַלֵּךְ עַד שֶׁיִּיגַע וְיַזִּיעַ. שֶׁאָסוּר לְיַגֵּעַ אֶת עַצְמוֹ כְּדֵי שֶׁיַּזִּיעַ בְּשַׁבָּת מִפְּנֵי שֶׁהִיא רְפוּאָה. וְכֵן אָסוּר לַעֲמֹד בְּקַרְקַע דִּימוֹסִית שֶׁבְּאֶרֶץ יִשְׂרָאֵל מִפְּנֵי שֶׁמְּעַמֶּלֶת וּמְרַפֵּאת:
כסף משנה
28.
One may apply oil and massage132Our translation is based on the Rambam's Commentary on the Mishnah (Shabbat 22:6). the intestines on the Sabbath, provided that one applies oil and massages at the same time, so that one will not follow one's weekday practice.One may not work-out on the Sabbath. What is meant by a work-out? Others tread on a person's body forcefully until he becomes exerted and begins to perspire, or a person walks [vigorously]133The Tosefta (Shabbat 17:22) states, "One may not run for exercise on the Sabbath, but one may walk leisurely the entire day." Note also the Shulchan Aruch (Orach Chayim 301:2), which grants license for youths to perform calisthenics on the Sabbath if they enjoy doing so. Note, however, the Mishnah Berurah, which emphasizes that the license is granted only when one enjoys the physical activity, and not when one does so for health purposes. until he exerts himself and begins to perspire. It is forbidden to exert oneself on the Sabbath to the extent of perspiring, for this is a therapeutic practice. Similarly, one may not stand in mud baths in Eretz Yisrael, because this is exerting and therapeutic.
הלכה כט
אֵין רוֹחֲצִין בְּמַיִם שֶׁמְּשַׁלְשְׁלִין וְלֹא בְּטִיט שֶׁטּוֹבְעִין בּוֹ וְלֹא בְּמֵי מִשְׁרָה הַבְּאוּשִׁים וְלֹא בְּיָם סְדוֹם וְלֹא בַּמַּיִם הָרָעִים שֶׁבַּיָּם הַגָּדוֹל מִפְּנֵי שֶׁכָּל אֵלּוּ צַעַר הֵן וְכָתוּב (ישעיה נח יג) "וְקָרָאתָ לַשַּׁבָּת עֹנֶג". לְפִיכָךְ אִם לֹא נִשְׁתַּהָה בָּהֶם אֶלָּא עָלָה מִיָּד אַף עַל פִּי שֶׁיֵּשׁ לוֹ חֲטָטִין בְּרֹאשׁוֹ מֻתָּר:
כסף משנה
29.
One may not wash in water that causes diarrhea, nor in quicksand,134The Maggid Mishneh notes that these two phrases refer to alternate explanations offered by Rabbenu Yitzchak Alfasi of the expression, "We do not go down to Kordima (alt. Poltima)," in the Mishnah (Shabbat 22:6). Although in his Commentary to the Mishnah, the Rambam explains that Mishnah differently, both the interpretations given by Rabbenu Yitzchak Alfasi represent valid halachic points. nor in water [in which flax was left to] soak and which has turned foul smelling, nor in the Dead Sea, nor in the foul water in the Mediterranean,135One may, however, bathe in the pleasant waters of the Mediterranean, even though they are salty (Shulchan Aruch, Orach Chayim 328:44). because all of these cause discomfort, and [Isaiah 58:13] states, "And you shall call the Sabbath a delight."Accordingly, if one does not remain in these [bodies of water] for an extended time, but rather emerges immediately, it is permitted136For it appears that one has entered these bodies of water to cool off (Shulchan Aruch, loc. cit.).even though one has sores on one's scalp.
הלכה ל
אֵין מִתְגָּרְדִּין בְּמִגְרֶדֶת וְאִם הָיוּ יָדָיו מְלֻכְלָכוֹת בְּצוֹאָה אוֹ בְּטִיט גּוֹרֵד כְּדַרְכּוֹ וְאֵינוֹ חוֹשֵׁשׁ. סָכִין וּמְפָרְכִין לְאָדָם לְעַנֵּג אֲבָל לֹא לִבְהֵמָה. וְאִם הָיָה לָהּ צַעַר מֻתָּר לְהָסִיר צַעֲרָהּ בְּסִיכָה וּפֵרוּךְ. בְּהֵמָה שֶׁאָכְלָה כַּרְשִׁינִין הַרְבֵּה מְרִיצִין אוֹתָהּ בֶּחָצֵר בִּשְׁבִיל שֶׁתִּתְרַפֵּא. וְאִם אָחֲזָהּ דָּם מַעֲמִידִין אוֹתָהּ בְּמַיִם בִּשְׁבִיל שֶׁתִּצְטַנֵּן וְאֵין חוֹשְׁשִׁין שֶׁמָּא יִשְׁחַק לָהּ סַמָּנִין:
כסף משנה
30.
We may not scrape our skin with a utensil used for that purpose.137Rashi, Shabbat 147b, explains that this prohibition was instituted to prevent "ordinary activity." On this basis, the Magen Avraham 327:1 relates that if one has a utensil designated for use on the Sabbath, this would be permitted. It is questionable, however, whether the Rambam accepts that rationale and that leniency. If, however, one's hands are soiled with feces or with mud, one may scrape in one's ordinary manner without concern.We may apply oil to and peel off [the scabs of] a human's [wound]138The bracketed additions are based on Rashi's commentary, Shabbat 53b. Note the Shulchan Aruch (Orach Chayim 328:28) which states that this leniency applies only in places where it is common for people to annoint themselves with oil. for pleasure,139I.e., even when the wound has begun to heal and the scabs have dried (Shulchan Aruch, Orach Chayim 328:22). but not those of an animal. If, however, the animal is in discomfort, we may apply oil and peel off [its scabs] to eliminate aggravation.140The Shulchan Aruch (Orach Chayim 332:2) is slightly more specific regarding this law, explaining that one may not treat an animal's scabs when they have already dried out and have begun to heal. When, however, the scabs are fresh and the wound still smarts, the scabs may be treated.
When an animal has eaten an excessive amount of beans, we may have it run in the courtyard so that it is cured. If it turns red,141Literally, "was taken by blood." we may have it stand in water so that it will cool. We do not suspect that one will grind herbs.142Although a person is forbidden to perform any activity that is solely therapeutic in nature for the sake of a human being who is in discomfort, this restriction is not imposed regarding an animal's discomfort. The rationale is that a person generally is not disturbed about his animal's discomfort to the extent that he might be motivated to grind herbs for medication on the Sabbath (Shulchan Aruch HaRav 332:3; Mishnah Berurah 332:5).
It must, however, be emphasized that when an animal is very seriously afflicted, greater leniency is allowed. For example, one may have a gentile perform forbidden labors to save the animal. This is allowed because our Sages feared that when an animal's life was in danger, its owner would not hesitate to perform the forbidden labors himself to save the animal if he were not given any other alternative (ibid.).
הלכה לא
אֵין מְקִיאִין אֶת הָאֹכֶל בְּשַׁבָּת. בַּמֶּה דְּבָרִים אֲמוּרִים בְּסַם שֶׁמָּא יִשְׁחַק סַמָּנִין אֲבָל לְהַכְנִיס יָדוֹ לְתוֹךְ פִּיו וּלְהָקִיא מֻתָּר. וְאָסוּר לִדְחֹק כְּרֵסוֹ שֶׁל תִּינוֹק כְּדֵי לְהוֹצִיא הָרְעִי שֶׁלּוֹ שֶׁמָּא יָבֹא לְהַשְׁקוֹתוֹ סַמָּנִין הַמְשַׁלְשְׁלִין. וּמֻתָּר לִכְפּוֹת כּוֹס עַל הַטַּבּוּר בְּשַׁבָּת כְּדֵי לְהַעֲלוֹתוֹ. וְכֵן מֻתָּר לֵיחֲנֵק וּלְלַפֵּף אֶת הַקָּטָן וּלְהַעֲלוֹת אָזְנַיִם בֵּין בְּיָד בֵּין בִּכְלִי. וּלְהַעֲלוֹת אֻנְקְּלִי. שֶׁכָּל אֵלּוּ וְכַיּוֹצֵא בָּהֶן אֵין עוֹשִׂין אוֹתָן בְּסַמָּנִין כְּדֵי לָחוּשׁ לִשְׁחִיקָה וְיֵשׁ לוֹ צַעַר מֵהֶן:
כסף משנה
31.
A person may not cause himself to vomit food on the Sabbath. When does this apply? When he uses a drug,143Note the Shulchan Aruch (Orach Chayim 328:39), which states that because this is a wasteful activity, it is forbidden during the week as well, unless one is suffering discomfort. for he may come to crush herbs. It is, however, permitted to place one's hand down one's throat so that one will vomit.It is forbidden to press the stomach of an infant so that he will defecate,144This is one of the instances where the commentaries have difficulty discovering the Rambam's source. There is no explicit statement to this effect in the Talmud, and the Rabbis have offered several possible references from which it is possible that this concept could have been derived. lest one give him curative herbs. It is permitted to place a cup over an [infant's] navel to lift it up.145Similarly, the Shulchan Aruch (loc. cit.:40) permits placing hot cups to cure a stomach ailment. It is permitted to place a neck-brace or hip-girdle around a child.146The latter practice involves tying a newborn baby's limbs with cloth so that they grow straight. This practice is still followed in several Yemenite communities. Similarly, one may lift up [the tendons of a child's] ears, whether by hand or with an instrument, and lift up cartilage on one's chest.147See Chapter 2, Halachah 10. For all of these [activities] are performed [by hand], and not with herbs. Since [the person] is in pain and there is no suspicion that one may crush [herbs,] [these activities are permitted].148To relate the Rambam's decision to terms of our contemporary experience: Medication may not be given on the Sabbath. Physiotherapy, by contrast, is permitted.
הלכה לב
הַמְרַקֵּד מֵאֲבוֹת מְלָאכוֹת. לְפִיכָךְ אֵין כּוֹבְרִין אֶת הַתֶּבֶן בִּכְבָרָה וְלֹא יַנִּיחַ הַכְּבָרָה שֶׁיֵּשׁ בָּהּ תֶּבֶן בְּמָקוֹם גָּבוֹהַּ בִּשְׁבִיל שֶׁיֵּרֵד הַמֹּץ מִפְּנֵי שֶׁהוּא כִּמְרַקֵּד. אֲבָל נוֹטֵל הַתֶּבֶן בַּכְּבָרָה וּמוֹלִיךְ לָאֵבוּס אַף עַל פִּי שֶׁיֵּרֵד הַמֹּץ בִּשְׁעַת הוֹלָכָה שֶׁהֲרֵי אֵינוֹ מִתְכַּוֵּן לְכָךְ:
כסף משנה
32.
Sifting is one of the categories of forbidden labor.149See Chapter 8, Halachot 11 and 16. Therefore, we may not sift straw in a sieve or place a sieve with straw in a high place so that the chaff will fall,150I.e., exposing the straw to the wind so that the chaff will be blown away. since this is like sifting. One may, however, place straw in a sieve and carry it to [an animal's] feeding trough, even though the chaff falls while one is transferring it, since this is not one's intent.151Rashi explains that this act is permitted, because although it is possible that a forbidden labor, sifting, might be performed, it is done unintentionally. Hence, there is no prohibition involved. Kinat Eliyahu adds that here we are speaking about an activity that resembles sifting and which is forbidden by the Rabbis for that reason, but not about the forbidden labor of sifting itself. Therefore, forbidding carrying the straw in a sieve because some might unintentionally be sifted would be "a safeguard for a Rabbinic decree." Hence, there is no prohibition.הלכה לג
מְגַבֵּל חַיָּב מִשּׁוּם לָשׁ. לְפִיכָךְ אֵין מְגַבְּלִין קֶמַח קָלִי הַרְבֵּה שֶׁמָּא יָבוֹא לָלוּשׁ קֶמַח שֶׁאֵינוֹ קָלִי. וּמֻתָּר לְגַבֵּל אֶת הַקָּלִי מְעַט מְעַט. אֲבָל תְּבוּאָה שֶׁלֹּא הֵבִיאָה שְׁלִישׁ שֶׁקָּלוּ אוֹתָהּ וְאַחַר כָּךְ טָחֲנוּ אוֹתָהּ טְחִינָה גַּסָּה שֶׁהֲרֵי הוּא כְּחוֹל וְהִיא הַנִּקְרֵאת שָׁתִית מֻתָּר לְגַבֵּל מִמֶּנָּה בְּחֹמֶץ וְכַיּוֹצֵא בּוֹ הַרְבֵּה בְּבַת אַחַת. וְהוּא שֶׁיִּהְיֶה רַךְ אֲבָל קָשֶׁה אָסוּר מִפְּנֵי שֶׁנִּרְאֶה כְּלָשׁ וְצָרִיךְ לְשַׁנּוֹת. כֵּיצַד. נוֹתֵן אֶת הַשָּׁתִית וְאַחַר כָּךְ נוֹתֵן אֶת הַחֹמֶץ:
כסף משנה
33.
A person who creates a mixture of small particles and water is liable for [performing a derivative of the forbidden labor of] kneading.152See Chapter 8, Halachah 16. Therefore, one may not make a mixture of a large amount of roasted flour,153According to the Rambam, mixing roasted flour with water is forbidden by the Rabbis, but does not violate the Torah's prohibition against making a mixture of solid particles and water. The Torah's prohibition involves adding water to a collection of granular substances - e.g., flour or cement - and mixing them until they cling together as a single mass.Other authorities [Tosafot (Shabbat 18a), the Ra'avad (see Chapter 18, Halachah 15), the Ramban, and the Rashba] differ and maintain that according to the Torah, one is liable for mixing any substance with water, even if its particles do not stick together. (See Shulchan Aruch HaRav 321:16 and Be'ur Halachah 321.) lest one come to knead unroasted flour.154Mixing even small amounts of unroasted flour, by contrast, is forbidden (Mishnah Berurah 321:53). One may, however, mix [small amounts] of roasted [flour] a little at a time.
In contrast, shatit, i.e., grain that has not matured to a third of its fullness155Rashi (Shabbat 155b) does not differentiate between shatit and roasted flour. and is roasted and coarsely ground, resembles sand. Large quantities of it may be mixed with vinegar and the like at once, provided the mixture is soft.156I.e., free-flowing as opposed to viscous. If it is firm, it is forbidden, for it appears as though one is kneading.
[Even when making a soft mixture,] one must deviate from one's ordinary practice. What is implied? First, one must put in the shatit and then the vinegar.157During the week, by contrast, the vinegar is usually put in first (Shabbat 156a).
הלכה לד
הַמֻּרְסָן אַף עַל פִּי שֶׁאֵינוֹ רָאוּי לְגִבּוּל אֵין גּוֹבְלִין אוֹתוֹ שֶׁמָּא יָבוֹא לְגַבֵּל הֶעָפָר וְכַיּוֹצֵא בּוֹ. וְנוֹתְנִין מַיִם עַל גַּבֵּי מֻרְסָן וּמוֹלִיךְ בּוֹ הַתַּרְוָד שְׁתִי וָעֵרֶב. אֲבָל אֵינוֹ מְמָרֵס בְּיָדוֹ שֶׁלֹּא יֵרָאֶה כְּלָשׁ. אִם לֹא נִתְעָרֵב מְנַעֲרוֹ מִכְּלִי לִכְלִי עַד שֶׁיִּתְעָרֵב וְנוֹתֵן לִפְנֵי הַתַּרְנְגוֹלִין אוֹ לִפְנֵי הַשְּׁוָרִים. וּמֻתָּר לְעָרֵב הַמֻּרְסָן עַל דֶּרֶךְ זוֹ בִּכְלִי אֶחָד וּמְחַלֵּק אוֹתוֹ בְּכֵלִים הַרְבֵּה וְנוֹתֵן לִפְנֵי כָּל בְּהֵמָה וּבְהֵמָה וּמְעָרֵב בִּכְלִי אֶחָד אֲפִלּוּ כּוֹר וַאֲפִלּוּ כּוֹרָיִים:
כסף משנה
34.
Although bran does not produce a mixture resembling a dough,158When bran is mixed into water, the particles remain separate and do not stick together, as mentioned in the notes on the previous halachah. it is forbidden to be mixed with water, lest one mix earth159I.e., substances whose particles do adhere to each other when mixed with water. and the like.One may pour water over bran and stir it with a spoon in all directions.160But not in circular movement, lest it appear that one is kneading (Shulchan Aruch, Orach Chayim 324:3).
This ruling relates to another difference of opinion among the Sages which was not resolved and was, therefore, perpetuated by the later Rabbis. Rabbi Yosse bar Yehudah (Shabbat 155b) mentions that kneading involves actually mixing the dough with one's hands. Rabbi Yehudah HaNasi differs and maintains that one is liable for kneading as soon as one pours water into flour.
The Rambam follows the opinion of Rabbi Yosse bar Yehudah. Rabbi Yehudah HaNasi's opinion is, however, accepted by some authorities (Sefer HaTerumot), is referred to in the Shulchan Aruch (Orach Chayim 321:16), and is preferred by the Ramah. According to this view, we may not stir a mixture of bran and water on the Sabbath unless the water was added before the commencement of the Sabbath (Shulchan Aruch, loc. cit.). One may not mix it with one's hands, so that it will not appear that one is kneading. If it does not mix well, one may pour it from one container to another until it mixes well, and then give it to the chickens or the oxen.
It is permissible to mix bran in the above manner in one container and then divide it into several containers, giving each animal [its portion]. One may mix even a kor or two korim [of bran together] in one container.161I.e., one is allowed to mix as large a quantity as one needs for that Sabbath. One may not, however, mix bran that one does not need on that Sabbath (Mishnah Berurah 324:9).
הלכה לה
אֵין מַאֲכִילִין בְּהֵמָה חַיָּה וְעוֹף בְּשַׁבָּת כְּדֶרֶךְ שֶׁהוּא מַאֲכִיל בְּחל שֶׁמָּא יָבוֹא לִידֵי כְּתִישַׁת קִטְנִיּוֹת אוֹ לִידֵי לִישַׁת קֶמַח וְכַיּוֹצֵא בּוֹ. כֵּיצַד. לֹא יַאֲכִיל הַגָּמָל בְּשַׁבָּת מַאֲכַל שְׁלֹשָׁה אוֹ אַרְבָּעָה יָמִים וְלֹא יַרְבִּיץ עֵגֶל וְכַיּוֹצֵא בּוֹ וְיִפְתַּח פִּיו וְיִתֵּן לְתוֹכוֹ כַּרְשִׁינִין וּמַיִם בְּבַת אַחַת. וְכֵן לֹא יִתֵּן לְתוֹךְ פִּי יוֹנִים וְתַרְנְגוֹלִים לְמָקוֹם שֶׁאֵינָן יְכוֹלִין לְהַחֲזִיר. אֲבָל מַאֲכִיל הוּא אֶת הַבְּהֵמָה מְעֵמָּד וּמַשְׁקֶה אוֹתָהּ מְעֻמָּד אוֹ נוֹתֵן לְתוֹךְ פִּיהָ מַיִם בִּפְנֵי עַצְמָן וְכַרְשִׁינִין בִּפְנֵי עַצְמָן בְּמָקוֹם שֶׁיְּכוֹלָה לְהַחֲזִיר. וְכֵן מַאֲכִיל הָעוֹף בְּיָדוֹ בְּמָקוֹם שֶׁיָּכוֹל לְהַחֲזִיר וְאֵין צָרִיךְ לוֹמַר שֶׁיִּתֵּן לִפְנֵיהֶן וְהֵן אוֹכְלִין:
כסף משנה
35.
One may not [force-]feed domesticated animals, beasts, or fowl on the Sabbath in the same way as one feeds them during the week, lest one crush beans, knead flour, or [perform another] similar [activity].162Note the Levush (Orach Chayim 324), which offers a different reason for this prohibition: It represents an expenditure of effort that is not necessary to provide the animal with food for the Sabbath.What is implied? On the Sabbath, one should not feed a camel enough food for three or four days.163Before a camel-driver set out on a journey with his beast, he would force-feed it enough food to last several days, to minimize the amount of fodder he would have to carry (Meiri). One may not throw down a calf or the like, hold its mouth open and pour in beans and water at one time.164This refers to calves that are force-fed to fatten them for slaughter. Similarly, one may not place [food deep] in the mouths of doves or chickens, in a place from which they cannot spit it out.
One may, however, feed an animal while it is standing and give it water while it is standing,165See Chapter 15, Halachah 1. or one may place both water and beans separately in its mouth,166The Mishnah Berurah 324:28 emphasizes that even if one is allowed to force feed-animals, one must do so without moving the animal, for an animal is muktzeh. provided it is possible for [the animal] to spit them up. Similarly, one may feed fowl by hand as long as they can spit the food up.167This issue has import within the context of the socio-economic history of the Jewish people. In Eastern Europe, one of the main sources of income for the Jewish people was raising fattened geese. These geese were force-fed during the week to the extent that they were unable to consume enough food to satiate themselves on the Sabbath unless they were force-fed. Some Rabbis allowed force-feeding them on the Sabbath, while others forbade it. (See Mishnah Berurah 324:27.) There are authorities who forbade the practice entirely, because of cruelty to animals, and because of the problems in kashrut that might arise. Needless to say, one may place food before the animals so that they can eat.
הלכה לו
בַּמֶּה דְּבָרִים אֲמוּרִים בְּמִי שֶׁמְּזוֹנוֹתָיו עָלָיו כְּגוֹן בְּהֶמְתּוֹ וְחַיָּתוֹ וְיוֹנֵי הַבַּיִת וַאֲוָזִין וְתַרְנְגוֹלִין. אֲבָל מִי שֶׁאֵין מְזוֹנוֹתָיו עָלָיו כְּגוֹן חֲזִיר וְיוֹנֵי שׁוֹבָךְ וּדְבוֹרִים לֹא יִתֵּן לִפְנֵיהֶם לֹא מָזוֹן וְלֹא מַיִם. וּמֻתָּר לְאָדָם לְהַעֲמִיד בְּהֶמְתּוֹ עַל גַּבֵּי עֲשָׂבִים [מְחֻבָּרִים] וְהִיא אוֹכֶלֶת. אֲבָל לֹא יַעֲמִיד אוֹתָהּ עַל גַּבֵּי דָּבָר שֶׁהֻקְצָה אֲבָל עוֹמֵד בְּפָנֶיהָ כְּדֵי שֶׁתַּחֲזִיר פָּנֶיהָ לַדָּבָר הַמֻּקְצֶה וְתֹאכַל מִמֶּנּוּ. וְכֵן בְּיוֹם טוֹב:
כסף משנה
36.
When does [the license to feed animals] mentioned above apply? Regarding an animal that one is responsible for feeding - e.g., one's domesticated animals, one's beasts, doves raised within one's home, geese, and chickens.168Note the Be'ur Halachah 324, which draws attention to the following question: Is one Jew allowed to feed animals that another Jew is responsible to feed? Seemingly, since their owner is allowed to feed them, that same license is granted to other Jews. The Be'ur Halachah favors granting this leniency. One may not, by contrast, provide food or water for animals that one is not responsible for feeding - e.g., pigs,169Even if the pigs belong to a Jew, he is forbidden to feed them on the Sabbath. This decree was imposed because the Rabbis prohibited raising pigs (Shulchan Aruch, Choshen Mishpat 409). Therefore, if one possesses pigs in a manner that does not violate this prohibition - e.g., a gentile pays one a debt with a pig - one may feed them on the Sabbath (Mishnah Berurah 324:30). doves raised in a dovecote, and bees.170In this instance, even though a person owns these animals, since they usually are left to find their own food, providing them with food is considered to be an unnecessary expenditure of effort (Shulchan Aruch Harav 324:7; Mishnah Berurah 324:29).A person may lead his animal directly to grass that is still growing and allow it to eat. He may not, by contrast, lead it to [food] that has been set aside [not to be used on the Sabbath].171Rav David Arameah explains that this is a decree imposed lest one pick up the food that has been set aside and feed it to the animal.One may, nevertheless, stand in front of the animal until it turns, and, on its own accord, heads to the food that has been set aside and partakes of it. The same [laws apply] on the holidays.