Halacha
הלכה א
רְדִיַּת הַפַּת אַף עַל פִּי שֶׁאֵינָהּ מְלָאכָה אָסְרוּ אוֹתָהּ חֲכָמִים שֶׁמָּא יָבוֹא לֶאֱפוֹת. הַמַּדְבִּיק פַּת בַּתַּנּוּר מִבְּעוֹד יוֹם וְקָדַשׁ עָלָיו הַיּוֹם מַצִּיל מִמֶּנָּה מָזוֹן שָׁלֹשׁ סְעֻדּוֹת וְאוֹמֵר לַאֲחֵרִים בּוֹאוּ וְהַצִּילוּ לָכֶם. וְאַף עַל פִּי שֶׁהָרְדִיָּה אֵינָהּ מְלָאכָה כְּשֶׁהוּא מַצִּיל לֹא יִרְדֶּה בְּמִרְדֶּה אֶלָּא בְּסַכִּין כְּדֵי לְשַׁנּוֹת:
כסף משנה
1.
Although removing a loaf [of bread from the side of an oven] does not involve a [forbidden] labor, our Sages forbade doing so, lest one be prompted to bake.1See Chapter 3, Halachah 18, and Chapter 5, Halachah 19, where this subject is discussed at length. As the Shulchan Aruch (Orach Chayim 254:5) states, if one places the loaf of bread into the oven in time for it to form a crust, there is no prohibition against removing it on the Sabbath. When, however, there was not enough time for a crust to form, one must follow the instructions mentioned by the Rambam.If one stuck a loaf to [the side of] an oven before the commencement of the Sabbath, and afterwards the Sabbath began, one may remove enough for three meals. Similarly, one may tell others, "Come and take for yourselves."2Note the parallel in Chapter 23, Halachah 24. Although removing a loaf does not involve a [forbidden] labor, in this situation, when one removes a loaf, one should not do so with a baker's peel, but rather with a knife, in order to deviate from one's ordinary procedure.
הלכה ב
מִפְּנֵי מָה אָסְרוּ חֲכָמִים לִכָּנֵס בַּמֶּרְחָץ בְּשַׁבָּת. מִפְּנֵי הַבַּלָּנִין שֶׁהָיוּ מְחִמִּין חַמִּין בְּשַׁבָּת וְאוֹמְרִין מֵעֶרֶב שַׁבָּת הוּחַמּוּ. לְפִיכָךְ גָּזְרוּ שֶׁלֹּא יִכָּנֵס אָדָם לַמֶּרְחָץ בְּשַׁבָּת אֲפִלּוּ לְהַזִּיעַ. וְגָזְרוּ שֶׁלֹּא יִשְׁתַּטֵּף כָּל גּוּפוֹ בְּחַמִּין וַאֲפִלּוּ בְּחַמִּין שֶׁהוּחַמּוּ מֵעֶרֶב שַׁבָּת. אֲבָל פָּנָיו יָדָיו וְרַגְלָיו מֻתָּר. בַּמֶּה דְּבָרִים אֲמוּרִים בְּחַמֵּי הָאוּר גְּזֵרָה מִשּׁוּם מֶרְחָץ. אֲבָל בְּחַמֵּי טְבֶרְיָא וְכַיּוֹצֵא בָּהֶן מֻתָּר לְהִשְׁתַּטֵּף בָּהֶן כָּל גּוּפוֹ. וְאָסוּר לִרְחֹץ בְּמַיִם חַמִּין שֶׁבַּמְּעָרוֹת מִפְּנֵי שֶׁהַמְּעָרָה יֵשׁ בָּהּ הֶבֶל וְיָבוֹא לִידֵי זֵעָה וְנִמְצֵאת כְּמֶרְחָץ:
כסף משנה
2.
Why did the Sages forbid entering a bathhouse on the Sabbath?3I.e., according to the Torah, there is no prohibition against bathing. Because the attendants would heat up water on the Sabbath, and say that it has been heated before the commencement of the Sabbath. For this reason, our Sages decreed that one should not enter a bathhouse4Even one without attendants (Shulchan Aruch HaRav 326:1). on the Sabbath, even to use [merely] as a steam bath.5As Shabbat 40a relates, a series of Rabbinic decrees were passed regarding bathhouses. When the Sages saw that the bath attendants would heat up water on the Sabbath, they forbade bathing, but allowed the people to enter a bathhouse to use as a steam bath. Afterwards, they saw that because of this leniency their original prohibition was not being observed, and they forbade entering a bathhouse altogether.The Rambam permits bathing in cold water, and this ruling is accepted by the Shulchan Aruch (Orach Chayim 326:1). Nevertheless, most of the later Ashkenazic halachic authorities (Shulchan Aruch HaRav 326:6; Mishnah Berurah 326:21) state that it is customary not to bathe on the Sabbath at all, even in cold water. As is mentioned in Chapter 23, Halachah 8, an exception to the above rules is made regarding immersion in the mikveh.
Similarly, they decreed that a person should not rinse his entire body with hot water6I.e., even when one does not enter a bath. - even if the water was heated on Friday. One may, however, wash one's face, hands, and feet7Or other select portions of the body. A woman may wash her vaginal area in preparation for a hefsek taharah. [with hot water that was heated before the commencement of the Sabbath]. When do the above [restrictions] apply? To water that is heated by fire. One may, however, rinse one's entire body in the hot springs of Tiberias and the like.8Similarly, leniency is granted regarding open bodies of water that have been heated by the sun, as stated in Halachah 9.
It is forbidden to bathe in hot springs located in caves, for the cave is filled with hot air, and one will sweat [as in a steam bath].9Note Shulchan Aruch HaRav 326:2 and the Mishnah Berurah 326:11, which favor opinions that do not accept this restriction. Thus, it resembles a bathhouse.
הלכה ג
מִתְחַמֵּם אָדָם כְּנֶגֶד הַמְּדוּרָה וְיוֹצֵא וּמִשְׁתַּטֵּף כָּל גּוּפוֹ בְּצוֹנֵן. אֲבָל אֵינוֹ מִשְׁתַּטֵּף כָּל גּוּפוֹ בְּצוֹנֵן וּמִתְחַמֵּם כְּנֶגֶד הַמְּדוּרָה מִפְּנֵי שֶׁמַּפְשִׁיר מַיִם שֶׁעָלָיו וְנִמְצָא כְּרוֹחֵץ כָּל גּוּפוֹ בְּחַמִּין. הַמֵּבִיא סִילוֹן שֶׁל צוֹנֵן בְּתוֹךְ מַיִם חַמִּין אֲפִלּוּ בְּתוֹךְ חַמֵּי טְבֶרְיָא הֲרֵי אֵלּוּ כְּחַמִּין שֶׁהוּחַמּוּ בְּשַׁבָּת וַאֲסוּרִין בִּרְחִיצָה וּבִשְׁתִיָּה:
כסף משנה
3.
A person may warm himself before a fire and then go out and rinse his entire body in cold water. He may not, however, rinse his entire body in cold water10See the following halachah and notes, which deal with the question whether this restriction applies after rinsing, not only one's entire body, but even a single limb. and then warm himself by a fire. By doing so, the water on his body will become lukewarm, and it would be as if he washed his entire body in warm water.11The Maggid Mishneh emphasizes that in this instance, it is not heating the water in itself that is forbidden, since one is heating it to a minimal temperature. (See the following halachah.) Rather, the problem stems from the resemblance to bathing in warm water.When a person causes a duct of cold water to pass through hot water,12I.e., a duct or pipe containing cold water passes through a body of hot water and thus becomes warm. Even if one does not take the water from the duct itself, but has the duct flow into a pool, the water is forbidden (Shulchan Aruch, loc. cit.:3). Shabbat 3:3 relates that the inhabitants of Tiberias actually had such a heating system constructed, but the Sages forbade its use. even water coming from the hot springs of Tiberias, the water is considered as if it was heated [by fire] on the Sabbath13The Shulchan Aruch (loc. cit.) mentions that even if the pipe was brought into the hot water on Friday, the water may not be used on the Sabbath. and one is forbidden to wash in it or drink it.
הלכה ד
מֵבִיא אָדָם קִיתוֹן שֶׁל מַיִם וּמַנִּיחוֹ כְּנֶגֶד הַמְּדוּרָה לֹא בִּשְׁבִיל שֶׁיֵּחַמּוּ אֶלָּא כְּדֵי שֶׁתָּפוּג צִנָּתָן. וְכֵן מַנִּיחַ פַּךְ שֶׁל שֶׁמֶן כְּנֶגֶד הַמְּדוּרָה כְּדֵי שֶׁיִּפְשַׁר לֹא שֶׁיֵּחַם. וְסָךְ אָדָם יָדוֹ בְּמַיִם אוֹ בְּשֶׁמֶן וּמְחַמֵּם כְּנֶגֶד הַמְּדוּרָה. וְהוּא שֶׁלֹּא יֵחַמּוּ הַמַּיִם שֶׁעַל יָדוֹ עַד שֶׁתְּהֵא כְּרֵסוֹ שֶׁל תִּינוֹק נִכְוֵית בָּהֶן. וּמְחַמֵּם בֶּגֶד וּמַנִּיחוֹ עַל גַּבֵּי מֵעַיִם בְּשַׁבָּת:
כסף משנה
4.
A person may bring a cask of water and place it in front of a fire, not in order that it will be warmed, but to dispel its chill. Similarly, one may place a flask of oil in front of a fire so that it will become lukewarm, but not so that it will be heated.14The Rambam's intent is that the water or the oil may be heated to the point that it becomes hot enough to burn a infant's belly.This decision is questioned by the Rabbis. Rashi and the Rambam interpret the Talmudic passage (Shabbat 40b) that serves as the source for this halachah as meaning that one may not allow the temperature of the liquid to reach the point where it could burn an infant's belly. The Rashba, Tosafot and others, however, follow a more stringent ruling and forbid placing a liquid in a place where the potential exists for it to become hot enough to burn a infant's belly, even if one removes it before that time. The Shulchan Aruch (Orach Chayim 318:14) accepts the latter view.
A person may dip his hand in water or oil and warm it in front of a fire,15The Shulchan Aruch (Orach Chayim 326:5) mentions opinions that differ and maintain that the restriction mentioned in the previous halachah applies not only after rinsing one's entire body, but after washing a single limb. For example, a person who washes his hands should not warm them by a fire. Shulchan Aruch HaRav 326:4 counsels following this stringency. provided the water [or oil] on his hand will not become so hot that it could burn an infant's belly.16This is the halachic definition of the term יד סולדת בו. In contemporary measure, this is defined as 42 to 45 degrees centigrade by contemporary authorities. One may warm a cloth and place it on one's stomach on the Sabbath.
הלכה ה
אַמְבְּטִי שֶׁל מֶרְחָץ שֶׁהִיא מְלֵאָה מַיִם חַמִּים אֵין נוֹתְנִין לָהּ מַיִם צוֹנֵן שֶׁהֲרֵי מְחַמְּמָן הַרְבֵּה. וְכֵן לֹא יִתֵּן לְתוֹכָהּ פַּךְ שֶׁל שֶׁמֶן מִפְּנֵי שֶׁהוּא כִּמְבַשְּׁלוֹ. אֲבָל נוֹתֵן הוּא מַיִם חַמִּין לְתוֹךְ אַמְבְּטִי שֶׁל צוֹנֵן:
כסף משנה
5.
We may not place cold water in a tub in a bathhouse17With this statement, the Rambam emphasizes that the tub is very hot and contains a large amount of water. Therefore, even though it is a כלי שני - i.e., not a vessel that was itself heated on a fire, but a vessel into which hot water was poured - there are still restrictions, as the Rambam explains. Implied is that even though we generally follow the rule that the heat of a כלי שני is not sufficient to cook something placed within, a tub in a bathhouse is an exception.The above represents the interpretation of the Maggid Mishneh. In the Kessef Mishneh, by contrast, Rav Yosef Karo explains that the tub we are speaking about is a כלי ראשון, a vessel in which water was heated. Were it to be a כלי שני, there would be no restrictions. His ruling in the Shulchan Aruch (Orach Chayim 318:11), appears to reflect this same view. The Ramah differs and clarifies in his gloss that the tub here is a כלי שני, adopting the explanation of the Maggid Mishneh. that is filled with hot water, for [the cold water] will become very hot.18The Ramah 318:12 states that if the amount of cold water the person adds at one time is so great that the it will not become hot, there is no prohibition against adding it, even to a כלי ראשון. Similarly, one may not place a flask of oil in such a tub, for it is considered as if one is cooking it.19Shabbat 40b mentions that oil that is placed in a כלי שני does not cook. The Kessef Mishneh thus uses this as a support for his thesis that the Rambam is speaking about a tub that is a כלי ראשון. Others explain that, as stated above, even though in most instances we follow the rule that the heat of a כלי שני is not sufficient to cook something placed within, a tub in a bathhouse is an exception.
See also Hilchot Ma'aser 3:15, where it appears that the Rambam maintains that if a כלי שני is hot enough to burn a person's hand, oil that is placed inside will be cooked. The Radbaz, however, explains that the laws applying to cooking on the Sabbath are different from those applying to cooking regarding ma'aser. One may, however, place hot water in a tub of cold water.20Even according to the opinions that the Rambam is referring to a כלי ראשון, this is permitted. Although there are restrictions against pouring water from a כלי ראשון onto spices and the like, these restrictions do not apply when water is poured into other water. The rationale is that the waters mix and there is no time when the heat of the water from the כלי ראשון will be concentrated in a single space (Shulchan Aruch HaRav 318:20; Mishnah Berurah 318:78).
הלכה ו
מֵיחַם שֶׁפִּנָּה מִמֶּנּוּ מַיִם חַמִּין מֻתָּר לִתֵּן לְתוֹכוֹ מַיִם צוֹנֵן כְּדֵי לְהַפְשִׁירָן. וּמֻתָּר לִצֹּק מַיִם חַמִּין לְתוֹךְ מַיִם צוֹנֵן אוֹ צוֹנֵן לְתוֹךְ הַחַמִּין וְהוּא שֶׁלֹּא יִהְיוּ בִּכְלִי רִאשׁוֹן מִפְּנֵי שֶׁהוּא מְחַמְּמָן הַרְבֵּה. וְכֵן קְדֵרָה רוֹתַחַת אַף עַל פִּי שֶׁהוֹרִידָהּ מֵעַל הָאֵשׁ לֹא יִתֵּן לְתוֹכָהּ תַּבְלִין אֲבָל נוֹתֵן לְתוֹכָהּ מֶלַח שֶׁהַמֶּלַח אֵינוֹ מִתְבַּשֵּׁל אֶלָּא עַל גַּבֵּי אֵשׁ גְּדוֹלָה. וְאִם יָצַק הַתַּבְשִׁיל מִקְּדֵרָה לִקְעָרָה אַף עַל פִּי שֶׁהוּא רוֹתֵחַ בַּקְּעָרָה מֻתָּר לוֹ לִתֵּן לְתוֹךְ הַקְּעָרָה תַּבְלִין שֶׁכְּלִי שֵׁנִי אֵינוֹ מְבַשֵּׁל:
כסף משנה
6.
After hot water was removed from a cooking urn, it is permitted to pour in cold water so that it will become lukewarm.21According to Rav Yosef Karo (in the Kessef Mishneh and in the Shulchan Aruch 318:12), this refers to a heating urn that was emptied entirely of hot water. One might think that pouring cold water in it would be forbidden, since the possibility exists that by doing so one will refine the metal of the urn. (See Chapter 12, Halachah 2, and notes.) Nevertheless, since this is not one's intent (אינו מתכוין), nor is it absolutely certain that this will take place (i.e., it is not a פסיק רישא), this is permitted (Chapter 1, Halachah 6).The Maggid Mishneh and the Ramah accept this law, but they explain that it is also possible to interpret the Rambam's words as referring to an urn that was partially emptied of the water that was cooked in it, and then cold water was added. Even though the urn is a כלי ראשון, as long as so much cold water is poured in that it cannot become hot enough to burn an infant's belly, there is no prohibition involved. It is permitted to pour hot water22I.e., even hot water that is in a כלי ראשון. into cold water or cold water into hot water,23Which is in a כלי שני. provided [the hot water] is not in a vessel that was cooked on a fire,24The Mishnah Berurah 318:82 emphasizes that if there is a small quantity of cold water, the restriction against using water from a כלי ראשון applies in both instances. One may not pour a small amount of cold water into a large amount of hot water, nor may one pour a large amount of hot water into a small amount of cold water. This ruling is not, however, accepted by all authorities. As mentioned above, according to the Ramah, one may pour hot water into a large amount of cold water, and a large amount of cold water into hot water, even if the hot water is in a כלי ראשון. since this will raise the temperature [of the cold water] greatly.
Similarly, when a pot is boiling, one should not place spices in it, even after one has removed it from the fire.25This law applies to most other substances, for most substances will cook in a כלי ראשון even after it is removed from a fire. One may, however, salt it, since salt cooks only on a very large flame.26There is a difference of opinion concerning this matter among the Rabbis. The Tur (Orach Chayim 318) and Tosafot (Shabbat 40b) differ and maintain that salt requires only a minimal amount of cooking and should not even be placed in a כלי שני. The later authorities emphasize that this depends on the type of salt used. In many communities, it is common to follow the more stringent ruling. If one poured the food from a pot to a bowl, one may place spices on it, even if it is boiling, since a vessel into which food has been poured does not [possess sufficient heat to] cook.27It must be emphasized that our Sages mention that there are certain substances that do not require much cooking and can be cooked even in a כלי שני. For that reason, some authorities maintain that we should be stringent and not place any uncooked articles in a כלי שני, for we are unsure of which substances are included in the category of foods that do not require much cooking. See Ramah, Orach Chayim 318:5.
הלכה ז
אֵין שׁוֹרִין אֶת הַחִלְתִּית בֵּין בְּפוֹשְׁרִין בֵּין בְּצוֹנֵן אֲבָל שׁוֹרֶה אוֹתוֹ בְּתוֹךְ הַחֹמֶץ. וְאִם שָׁתָהוּ בְּיוֹם חֲמִישִׁי וְשִׁשִּׁי הֲרֵי זֶה שׁוֹרֶה בְּשַׁבָּת בְּצוֹנֵן וּמַנִּיחוֹ בַּחַמָּה עַד שֶׁיֵּחַם וְשׁוֹתֶה. כְּדֵי שֶׁלֹּא יֶחֱלֶה אִם פָּסַק מִלִּשְׁתּוֹת:
כסף משנה
7.
[On the Sabbath,] we may not place chiltit28See Chapter 21, Halachah 22. in hot water nor in cold water to soak.29From the Rambam's placement of this halachah in this chapter, it would appear that he sees this as falling into the category of prohibitions instituted as a safeguard against cooking on the Sabbath, and not as one of the prohibitions instituted because it is forbidden to prepare remedies on the Sabbath. One may, however, soak it in vinegar. If one drank chiltit on Thursday and on Friday, one may soak it in cold water on the Sabbath, place it in the sun to warm, and drink it, lest ceasing to drink it cause one to become sick.30Since soaking chiltit in cold water is forbidden only because of a Rabbinic prohibition, this prohibition is overridden because of the possibility of the person's becoming ill.הלכה ח
דָּבָר שֶׁנִתְבַּשֵּׁל קֹדֶם הַשַּׁבָּת אוֹ נִשְׁרָה בְּחַמִּין מִלִּפְנֵי הַשַּׁבָּת אַף עַל פִּי שֶׁהוּא עַכְשָׁו צוֹנֵן מֻתָּר לִשְׁרוֹתוֹ בְּחַמִּין בְּשַׁבָּת. וְדָבָר שֶׁהוּא צוֹנֵן מֵעִקָּרוֹ וְלֹא בָּא בְּחַמִּין מֵעוֹלָם מְדִיחִין אוֹתוֹ בְּחַמִּין בְּשַׁבָּת אִם לֹא הָיְתָה הֲדָחָתוֹ גְּמַר מְלַאכְתּוֹ אֲבָל אֵין שׁוֹרִין אוֹתוֹ בְּחַמִּין:
כסף משנה
8.
When food has been cooked before the Sabbath or soaked in hot water before the Sabbath, one is permitted to soak it in hot water on the Sabbath even though it is presently cold.31This law touches on the principle, אין בישול אחר בישול, "One is not liable for cooking something that is already cooked." Although this principle is accepted by all authorities, the scope of its application varies. To focus on the approach of the Rambam and to compare it to the perspective of other authorities, it is worthy to focus on each point in particular:When food has been cooked before the Sabbath - According to the Shulchan Aruch (Orach Chayim 318:4), this refers only to food that has been thoroughly cooked.
or soaked in hot water before the Sabbath - In contrast to the Rambam's decision, the Mishnah Berurah 318:31 rules that food that was soaked in hot water before the Sabbath may be placed in hot water in a כלי שני, but should not be placed in hot water in a כלי ראשון.
one is permitted to soak it in hot water - This refers to water in a כלי ראשון that was removed from its cooking surface. It is forbidden to place any food in a pot on a cooking surface after the Sabbath has commenced (Shulchan Aruch HaRav 318:9; Mishnah Berurah 318:33).
on the Sabbath even though it is presently cold. - The Shulchan Aruch (loc. cit.) states that this leniency applies only to cooked food that is dry. If the food is liquid, placing it in a כלי ראשון that is hot is considered to be cooking. From the Rambam's Commentary on the Mishnah (Shabbat 22:2), it would appear that he also accepts this limitation. The Beit Yosef (Orach Chayim 318), however, maintains that the Rambam does not hold one liable, even when one reheats foods that are not dry.
Although food is cold, and it had never been placed in hot water previously, it may be rinsed in hot water on the Sabbath,32From the Rambam's wording, it is unclear if this refers to water that was in a כלי ראשון or in a כלי שני. From his Commentary on the Mishnah (Shabbat 3:4), it would appear that he maintains that it is permitted to pour water from a כלי ראשון directly on foods.
According to the Ashkenazic authorities, we are permitted to pour hot water on uncooked foods only from a כלי שני (Shulchan Aruch HaRav 318:11; Mishnah Berurah 318:35). Hot water from a כלי ראשון will cook the surface of the food onto which it is poured. if this rinsing does not complete its preparation.33This clause comes to eliminate foods like aged salted fish or sole, whose preparation is completed by washing them with hot water. As the Rambam writes in Chapter 9, Halachah 2, one is liable for violating the forbidden labor of cooking merely by rinsing these foods with hot water. One may not, however, soak it for the first time on the Sabbath.34The prohibition applies only to soaking the food in hot water. One may soak it in cold water (Shulchan Aruch HaRav 318:11; Mishnah Berurah 318:37).
הלכה ט
מֻתָּר לְהָחֵם בַּחַמָּה אַף עַל פִּי שֶׁאָסוּר לְהָחֵם בְּתוֹלְדוֹת חַמָּה שֶׁאֵינוֹ בָּא לִטְעוֹת מֵחַמָּה לְאוּר. לְפִיכָךְ מֻתָּר לִתֵּן מַיִם צוֹנֵן בַּשֶּׁמֶשׁ כְּדֵי שֶׁיֵּחַמּוּ. וְכֵן נוֹתְנִין מַיִם יָפִים לְתוֹךְ מַיִם רָעִים בִּשְׁבִיל שֶׁיֵּצַנּוּ. וְנוֹתְנִין תַּבְשִׁיל לְתוֹךְ הַבּוֹר בִּשְׁבִיל שֶׁיְּהֵא שָׁמוּר:
כסף משנה
9.
Although it is forbidden to heat [food or water] using substances that derive their heat from the sun,35See Chapter 9, Halachah 3. This prohibition was instituted lest one err and think that just as it is permitted to cook using articles heated by the sun, it is permitted to cook using articles heated by fire. it is permitted to heat [them] in the heat of the sun itself, for one will not err between the sun and fire.36I.e., the leniency of placing water in the sun will not cause one to think that it is permitted to place food on a fire. Therefore, it is permitted to place water in the sun to warm.37In his Commentary on the Mishnah (Shabbat 22:4), the Rambam emphasizes that this law is mentioned because one might think that placing the water in the sun is forbidden, lest one place food in hot ashes.On this basis, many authorities allow the use of water that has been heated by solar energy units on the Sabbath. Even the more stringent opinions, which object to such use, have no difficulty with the concept of using water heated by the sun. They base their objections on other rationales, among them:
That water heated by the solar energy units is heated by an object heated by the sun and not by the sun itself.
The water in the urn of the solar energy unit is very hot. When cold water enters that unit, it will be heated by the water and produce a situation resembling that of the tub mentioned in Halachah 5.
Similarly, we may place [a bottle of] pleasant water into [a pool of] stagnant water so that it cool.38The bracketed additions are taken from Rashi's commentary (Shabbat 146b). Similarly, we may place a [dish of] cooked food into a cistern to preserve it.39Rashi (loc. cit.) explains that were the food left in the sun, it might spoil. By placing it in the cistern, one preserves it.
In his Commentary on the Mishnah (loc. cit., based on Shabbat 146b), the Rambam emphasizes that this law is mentioned because one might think that placing the food in the cistern is forbidden lest one smooth out the cistern's floor.
הלכה י
מְעָרֵב אָדָם מַיִם וּמֶלַח וְשֶׁמֶן וְטוֹבֵל בּוֹ פִּתּוֹ אוֹ נוֹתְנוֹ לְתוֹךְ הַתַּבְשִׁיל. וְהוּא שֶׁיַּעֲשֶׂה מְעַט אֲבָל הַרְבֵּה אָסוּר מִפְּנֵי שֶׁנִּרְאֶה כְּעוֹשֶׂה מְלָאכָה מִמְּלֶאכֶת הַתַּבְשִׁיל. וְכֵן לֹא יַעֲשֶׂה מֵי מֶלַח עַזִּין וְהֵן שְׁנֵי שְׁלִישֵׁי מֶלַח וּשְׁלִישׁ מַיִם מִפְּנֵי שֶׁנִּרְאֶה כְּעוֹשֶׂה מוּרְיָס. וּמֻתָּר לִמְלֹחַ בֵּיצָה אֲבָל צְנוֹן וְכַיּוֹצֵא בּוֹ אָסוּר מִפְּנֵי שֶׁנִּרְאֶה כְּכוֹבֵשׁ כְּבָשִׁים בְּשַׁבָּת וְהַכּוֹבֵשׁ אָסוּר מִפְּנֵי שֶׁהוּא כִּמְבַשֵּׁל. וּמֻתָּר לִטְבּל צְנוֹן וְכַיּוֹצֵא בּוֹ בְּמֶלַח וְאוֹכֵל:
כסף משנה
10.
A person may mix water, salt and oil, and dip his bread in the mixture or pour it onto cooked food. This is permitted provided one makes only a small amount.40Enough for one meal (Ba'er Heteiv 321:4). Making a large amount is forbidden,41Significantly, Rashi (Shabbat 108b) explains that the rationale for all the laws in this halachah is that salting or pickling foods is comparable to processing leather. This rationale is mentioned by the Shulchan Aruch (Orach Chayim 321:2). The Rambam, however, maintains that the forbidden labor of processing does not apply with regard to food (Chapter 11, Halachah 5). for it appears that one is performing one of the labors associated with cooking. Similarly, one may not make strong salt water42In the Kessef Mishneh and in the Shulchan Aruch (loc. cit.), Rav Yosef Karo states that it is forbidden to make even a small amount of such a mixture. - i.e., two thirds salt and one third water - for it would appear as if one is making fish-brine.43In the Kessef Mishneh, Rav Yosef Karo explains that usually fish-brine is preserved. Hence, it would appear that one is pickling food.One may salt an egg, but not radishes and the like,44Included in the latter category are any vegetables that salt softens or makes less bitter. This includes onions, cucumbers, and most vegetables used for salads (Magen Avraham 321:7). because it would appear that one is pickling food on the Sabbath. Pickling is forbidden, because it is as though one is cooking.45The Rambam's intent is not that pickling is forbidden as a derivative of cooking, but that there is a Rabbinic prohibition against doing so (Shulchan Aruch HaRav 321:3; Mishnah Berurah 321:16). Note, however, Karti Ufalti 105:2, which maintains that the Rambam considers that there is a Torah prohibition involved. One may, however, dip radishes and the like into salt and eat them [directly afterwards].46Similarly, a mixture of salt, vinegar, and oil (or other substances used for salad dressings) may be placed on these vegetables, because it no longer appears that one is salting the vegetables to pickle them (Shulchan Aruch HaRav 321:4; Mishnah Berurah 321:14).
הלכה יא
מֻתָּר לְעָרֵב יַיִן וּדְבַשׁ וּפִלְפְּלִין בְּשַׁבָּת לְאָכְלָן אֲבָל יַיִן וּמַיִם וְשֶׁמֶן אֲפַרְסְמוֹן אָסוּר שֶׁאֵין זֶה רָאוּי לַאֲכִילַת בְּרִיאִים. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
11.
One may mix wine, honey, and peppers together47Note the Mishnah Berurah 321:69, which permits making this mixture only when one does not undertake much effort in doing so. on the Sabbath to partake of them. Wine, water, and balsam oil are forbidden to be mixed, because this mixture is not fit to be eaten by healthy people.48Hence, this mixture, like any other remedy, may not be drunk on the Sabbath even if it was prepared before the Sabbath.הלכה יב
חַרְדָּל שֶׁלָּשׁוֹ מֵעֶרֶב שַׁבָּת לְמָחָר מְמַחוֹ בֵּין בְּיָד בֵּין בִּכְלִי וְנוֹתֵן לְתוֹכוֹ דְּבַשׁ וְלֹא יִטְרֹף אֶלָּא מְעָרֵב. שַׁחֲלַיִם שֶׁטְּרָפָן מֵעֶרֶב שַׁבָּת לְמָחָר נוֹתֵן לְתוֹכוֹ שֶׁמֶן וְחֹמֶץ וְתַבְלִין וְלֹא יִטְרֹף אֶלָּא מְעָרֵב. שׁוּם שֶׁרִסְּקוֹ מֵעֶרֶב שַׁבָּת לְמָחָר נוֹתְנוֹ לְתוֹךְ הַגְּרִיסִין וְלֹא יִשְׁחֹק אֶלָּא מְעָרֵב:
כסף משנה
12.
When mustard has been mixed on Friday, one may blend49The Rambam appears to be saying that one may stir the mixture. The Mishnah Berurah 321:58, however, quotes this law as meaning that one may add water or wine to the mixture. Although the Rambam would probably accept that ruling as well, based on his conception of the Rabbinic prohibitions against kneading (see Chapter 21, Halachot 33-34 and notes), this is not likely his intent here. it [on the Sabbath] by hand or with a utensil50The Hebrew word כלי can be rendered as either "utensil" or "container." On this basis, the Kessef Mishneh mentions the interpretation of Terumat HaDeshen (Responsum 53), which explains that one may shake a container to blend the mixture, but one may not stir it by hand. He does not, however, accept this as reflecting the Rambam's intent. and add honey to it. One may not stir it forcefully,51I.e., whip it forcefully by hand to produce a smooth, evenly flowing mixture. however; [all that is permitted is to] mix it.Oil, vinegar, and spices may be added [on the Sabbath] to cress52A leafy vegetable that is used as a spice or dip when mixed with the abovementioned substances.that was stirred on Friday. One may not stir the mixture] forcefully, however; [all that is permitted is to] mix in [these ingredients]. Garlic that was crushed on Friday may be placed into groats on the Sabbath. One may not grind [the mixture]; [all that is permitted is to] mix in [the garlic].
הלכה יג
הַנּוֹטֵל שֵׂעָר מִגּוּף הָאָדָם חַיָּב מִשּׁוּם גּוֹזֵז. לְפִיכָךְ אָסוּר לִרְחֹץ אֶת הַיָּדַיִם בִּדְבַר שֶׁמַּשִּׁיר אֶת הַשֵּׂעָר וַדַּאי כְּגוֹן אָהֳלָה וְכַיּוֹצֵא בּוֹ. וּמֻתָּר לָחֹף אֶת הַיָּדַיִם בַּעֲפַר לְבוֹנָה וַעֲפַר פִּלְפְּלִין וַעֲפַר יַסְמִין וְכַיּוֹצֵא בָּהֶן וְאֵינוֹ חוֹשֵׁשׁ שֶׁמָּא יַשִּׁיר שֵׂעָר שֶׁעַל יָדוֹ שֶׁהֲרֵי אֵינוֹ מִתְכַּוֵּן. עֵרֵב דָּבָר שֶׁמַּשִּׁיר אֶת הַשֵּׂעָר וַדַּאי עִם דָּבָר שֶׁאֵינוֹ מַשִּׁיר וַדַּאי אִם הָיָה הָרֹב מִדָּבָר הַמַּשִּׁיר אָסוּר לָחֹף בּוֹ וְאִם לָאו מֻתָּר:
כסף משנה
13.
A person who removes hair from a person's body is liable for [performing a derivative of the forbidden labor of] shearing.53As explained in Chapter 9, Halachot 8-9. Therefore, it is forbidden to wash one's hands with a substance that will without doubt remove hair - e.g., ohaloh54A fragrant spice, noted for its cleansing powers. and the like.55This follows the principle of פסיק רישא stated in Chapter 1, Halachah 6 - i.e., since one's act will surely result in the performance of a prohibited act, it is considered as if this is one's intent. Although a Rabbinic prohibition is involved here, the same principle still holds.One may cleanse one's hands with frankincense powder, pepper powder, jasmine powder, and the like, without concern that one might remove the hair on one's hands, for this is not one's intent.56This decision is based on the principle of אינו מתכוין, that an act that results in the performance of a forbidden labor is permitted if it is not a certainty that the forbidden labor will indeed come about. Indeed, the Rambam uses this law to exemplify this principle in Chapter 1, Halachah 5.
[The following rules apply when] one mixes a substance that will undoubtedly remove hair together with a substance that will not necessarily remove hair: If the majority [of the mixture] is composed of a substance that will undoubtedly remove hair, it is forbidden to clean one's hands with it.57This is the version in the standard published texts of the Mishneh Torah. The Maggid Mishneh notes that there is another version of the text which reverses the order in this clause, stating, "If the majority was a substance that will not necessarily remove hair, it is permitted." There is a difference in the rulings resulting from these two versions of the text when the amount of both substances is equal. The Shulchan Aruch (Orach Chayim 326:9) follows the version of the standard text.
Sefer HaKovetz questions why such a leniency is allowed, and explains that all prohibitions based on the principle of פסיק רישא are merely Rabbinic in origin. Accordingly, since the substances that undoubtedly remove hair are not in the majority, leniency is granted. (It must be noted that it is difficult to reconcile the statements of Sefer HaKovetz with the Rambam's own statements, Chapter 1, Halachah 6, that one is liable for performing such an act.) If not, it is permitted.
הלכה יד
אָסוּר לִרְאוֹת בְּמַרְאָה שֶׁל מַתֶּכֶת בְּשַׁבָּת גְּזֵרָה שֶׁמָּא יַשִּׁיר בָּהּ נִימִין הַמְדֻלְדָּלִין מִן הַשֵּׂעָר וַאֲפִלּוּ קָבוּעַ בַּכֹּתֶל. אֲבָל מַרְאָה שֶׁאֵינָהּ שֶׁל מַתֶּכֶת מֻתָּר לִרְאוֹת בָּהּ אֲפִלּוּ אֵינָהּ קְבוּעָה:
כסף משנה
14.
One may not look at oneself in a mirror of [polished] metal on the Sabbath. [This is] a decree [enacted] lest one use it to remove loose hanging strands of hair.58I.e., as Shabbat 149b emphasizes, the difficulty is because a metal mirror can serve as a cutting article itself. This applies even if the mirror is affixed to the wall.59The Sages desired that their decrees be applied uniformly. One may, by contrast, look at oneself in a mirror that is not made of metal, even if it is not affixed [to a wall].60This includes a glass mirror, as is used today (Maggid Mishneh; Mishnah Berurah 302:63).הלכה טו
הַמְכַבֵּס חַיָּב מִשּׁוּם מְלַבֵּן. וְהַסּוֹחֵט כְּסוּת חַיָּב מִפְּנֵי שֶׁהוּא מְכַבֵּס. לְפִיכָךְ אָסוּר לִדְחֹק מַטְלִית אוֹ מוֹךְ וְכַיּוֹצֵא בָּהֶן בְּפִי הָאֲשִׁישָׁה וְכַיּוֹצֵא בָּהּ כְּדֵי לְסָתְמָהּ שֶׁמָּא יָבֹא לִידֵי סְחִיטָה. וְאֵין מְקַנְּחִין בִּסְפוֹג אֶלָּא אִם כֵּן יֵשׁ לוֹ בֵּית אֲחִיזָה שֶׁלֹּא יִסְחֹט. וְאֵין מְכַסִּין חָבִית שֶׁל מַיִם וְכַיּוֹצֵא בָּהּ בְּבֶגֶד שֶׁאֵינוֹ מוּכָן לָהּ גְּזֵרָה שֶׁמָּא יִסְחֹט:
כסף משנה
15.
A person who launders is liable for [performing a derivative of the forbidden labor of] whitening, and one who wrings out a garment is liable because he is [performing one of the activities involved in] laundering.61See Chapter 9, Halachah 11. Therefore, it is forbidden to press a piece of cloth, unprocessed fabric, or the like into the opening of a flask to plug it, lest one squeeze62Rav Moshe Cohen of Lunil questions the Rambam's ruling, since one's intent is not to wring out the liquid, but to plug the flask. Shulchan Aruch HaRav 320:22 states that when one plugs the opening firmly, one will certainly squeeze water from it. Hence, this is considered a פסיק רישא. Furthermore, our Sages forbade plugging the opening loosely, lest one plug it firmly. liquids from it.63The Kessef Mishneh (in the gloss on Chapter 9, Halachah 11) uses this law to refute the Maggid Mishneh's thesis that, according to the Rambam, the prohibition against wringing out liquids applies only to water, since it is generally beverages other than water that are contained in a flask.One may not clean with a sponge unless it has a handle, lest one squeeze [water from it].64As evident from his Commentary on the Mishnah (Shabbat 21:3), the Rambam explains that if the sponge does not have a handle, it is a פסיק רישא that one will squeeze water from it when cleaning with it. If it has a handle, that is not a certainty. This interpretation is also reflected in Rashi's commentary, Shabbat 143a.
Although the Ra'avad accepts the law, he objects to this explanation, maintaining that whether or not the sponge has a handle, one will squeeze water out when cleaning with it. Why then is one allowed to use it? Once the handle is attached, it is no longer considered to be a piece of fabric, but rather a container that is made to hold water. By using it, one is not squeezing the water directly, but merely causing it to be squeezed. One may not cover a jug of water65Note Shulchan Aruch HaRav 320:21, which states that this decree applies only to a jug of water, but not to one containing other beverages. See, however, the Kessef Mishneh's statements cited in note 63. or the like with a cloth that is not set aside for this purpose. [This is] a decree [enacted] lest one squeeze [water from it].66I.e., unless the cloth was designated for this purpose, it is possible that if it gets wet, one will wring out the water so that one can use it for another purpose. If, however, one has set aside the cloth for this use, one will not be concerned with its getting wet.
הלכה טז
נִשְׁבְּרָה לוֹ חָבִית בְּשַׁבָּת מַצִּיל מִמֶּנָּה מַה שֶּׁהוּא צָרִיךְ לְשַׁבָּת לוֹ וּלְאוֹרְחָיו וּבִלְבַד שֶׁלֹּא יִסְפֹּג בְּיַיִן אוֹ יְטַפַּח בְּשֶׁמֶן שֶׁאִם יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל שֶׁמָּא יָבוֹא לִידֵי סְחִיטָה. וְכֵיצַד מַצִּיל מִמֶּנָּה. מֵבִיא כְּלִי וּמַנִּיחַ תַּחְתֶּיהָ. וְלֹא יָבִיא כְּלִי אַחֵר וְיִקְלֹט כְּלִי אַחֵר וִיצָרֵף גְּזֵרָה שֶׁמָּא יָבִיא כְּלִי דֶּרֶךְ רְשׁוּת הָרַבִּים. נִזְדַּמְּנוּ לוֹ אוֹרְחִים מֵבִיא כְּלִי אַחֵר וְקוֹלֵט כְּלִי אַחֵר וּמְצָרְפוֹ לָרִאשׁוֹן. וְלֹא יִקְלֹט וְאַחַר כָּךְ יַזְמִין אֶלָּא יַזְמִין וְאַחַר כָּךְ יִקְלֹט. וְאִם הֶעֱרִים בְּדָבָר זֶה מֻתָּר:
כסף משנה
16.
When a cask [of liquids] breaks67Based on the ruling of Tosafot (Shabbat 143b), the Ramah (Orach Chayim 335:1) emphasizes that this law applies only when the cask breaks. If it has a slow leak, there are no restrictions. Since there is no possibility of the person's losing the entire contents of the cask at once, our Sages did not fear that he would panic and violate the Sabbath laws to save his property.The Ramah also mentions the ruling of Terumat HaDeshen (Responsum 196) that these restrictions apply only when one desires to bring containers from one courtyard to another. There are, however, no restrictions on using different containers within one's own property. This leniency is accepted by the later Ashkenazic authorities. on the Sabbath, one may save what one needs for oneself and one's guests on the Sabbath,68According to the Shulchan Aruch (Orach Chayim 335:1), one may save enough for one's Sabbath needs and the needs of one's guests, even if it is necessary to use several containers. As Rabbi Akiva Eiger notes in his gloss, the Rambam's wording does not appear to fit this interpretation. provided one does not sponge up wine with a sponge69The Shulchan Aruch (loc. cit.) states that this restriction applies even when a sponge has a handle. (See the previous halachah.) Since the person is distressed about the loss of his property, our Sages fear that he might violate the Sabbath laws in this instance. or scoop up oil with his hands.70I.e., there are two restrictions: that one may save only a limited amount of wine or oil, and that the manner in which one saves these liquids must differ from one's ordinary practice. [These restrictions were instituted, because] were one allowed to follow one's ordinary weekday practice, there is the possibility that one would squeeze [the liquids from it].
How must he save [the liquid]? He should bring a container and place it under [the liquid].71According to the Shulchan Aruch (loc. cit.), there is no restriction on the size of this container. Any container may be used, regardless of the amount it can hold. As mentioned, the Rambam's wording does not appear to fit this interpretation. He may not bring one container to catch [the liquid] in the air, and another into which to collect [the liquid]. This [restriction] is a decree, lest one carry a container through the public domain.
[An exception is made] if guests unexpectedly arrive. [In this instance,] he may bring one container to catch [the liquid] in the air, another into which to collect [the liquid], and then combine it with the first. He should not collect [the liquid] and then invite guests. Instead, he should invite guests and then collect [the liquid]. If one acts with guile in this matter,72I.e., invite guests who he knows will not want to partake of the liquids. In this way, he will be able to save the liquids because of them, even though they will not partake of them. (See Hilchot Sh'vitat Yom Tov 3:17, where the Rambam mentions a similar instance where the Sages permitted one to act with guile.) it is permitted.73The Shulchan Aruch (loc. cit.:3) states that it is forbidden to invite guests with this intent. If, however, one does so, it is permitted to use the wine. It is possible that this is the Rambam's intent. (The Shulchan Aruch's leniency is actually even more encompassing, and allows one to use the wine if one invites the guests after collecting it.) Based on the Maggid Mishneh, the Magen Avraham 335:2, however, states that according to the Rambam, one is permitted to act with guile in this manner.
(Kinat Eliyahu objects to this interpretation, noting the difference in the Rambam's wording in this halachah, "If one acted with guile in this matter, it is permitted," and his wording in Chapter 23, Halachah 3, "It is permitted to act with guile in this matter.")
הלכה יז
טִיט שֶׁעַל גַּבֵּי בִּגְדוֹ מְכַסְכְּסוֹ מִבִּפְנִים וְאֵינוֹ מְכַסְכְּסוֹ מִבַּחוּץ גְּזֵרָה שֶׁמָּא יְכַבֵּס. וּמֻתָּר לְגָרְדוֹ בְּצִפֹּרֶן וְאֵינוֹ חוֹשֵׁשׁ שֶׁמָּא יְלַבְּנוֹ. הַמְכַסְכֵּס אֶת הַסּוּדָר אָסוּר מִפְּנֵי שֶׁהוּא מְלַבְּנוֹ אֲבָל הֶחָלוּק מֻתָּר מִפְּנֵי שֶׁאֵין כַּוָּנָתוֹ אֶלָּא לְרַכְּכוֹ:
כסף משנה
17.
[A person who has] mud on his garments may rub the inner [surface of the garment so that the mud falls],74Since the person rubs it from the inside, it is not obvious that his intent is to launder the garment (Shulchan Aruch, Orach Chayim 302:7). but not the outer surface. [This is] a decree, [enacted] lest one launder it. One may, however, scrape it75Even from the outside. with one's nails,76Or with a knife (Shulchan Aruch HaRav 302:17; Mishnah Berurah 302:34). without concern that one might whiten it.77The Shulchan Aruch (loc. cit.) quotes the opinion of the Tur, which states that both rubbing the inside of a garment and scraping off mud are permitted only when the mud is moist. When the mud has dried, these acts are forbidden, because it is as if one is grinding the mud.It is forbidden to rub clean a scarf, since this launders it.78The Ramban and the Ra'avad follow a different version of the text of Shabbat 140a, and therefore rule that it is also permitted to rub a scarf. The Shulchan Aruch (loc. cit:5) follows the Rambam's decision, explaining that when rubbing a scarf, one's intent is to make it glistening clean.
The Be'ur Halachah cites support for the Rambam's ruling from Mo'ed Katan 10b, which states that it is permitted to rub clean one's garments on Chol HaMo'ed (see Hilchot Sh'vitat Yom Tov 8:14). This indicates that such an act is forbidden on the Sabbath. One may, however, rub a cloak, because one's intent is merely to soften it.79I.e., a cloak becomes stiff after being laundered, and before putting it on one generally rubs it (Shulchan Aruch, loc. cit.).
הלכה יח
מִנְעָל אוֹ סַנְדָּל שֶׁנִּתְלַכְלֵךְ בְּטִיט וּבְצוֹאָה מֻתָּר לְשַׁכְשְׁכוֹ בְּמַיִם אֲבָל לְכַבְּסוֹ אָסוּר. וְאֵין מְגָרְדִּין לֹא מִנְעָלִים וְלֹא סַנְדָּלִים חֲדָשִׁים אֲבָל סָכִין (אוֹתָם) וּמְקַנְּחִין אֶת הַיְשָׁנִים. כַּר אוֹ כֶּסֶת שֶׁהָיָה עֲלֵיהֶן צוֹאָה אוֹ טִנּוּף מְקַנְּחוֹ בִּסְמַרְטוּט. וְאִם הָיְתָה עַל שֶׁל עוֹר נוֹתְנִין עָלֶיהָ מַיִם עַד שֶׁתִּכְלֶה:
כסף משנה
18.
It is permitted to use water to rub clean a shoe or a sandal that has become soiled with mud or excrement. It is, however, forbidden to wash them.80Note Chapter 9, Halachah 11, where the Rambam states that one is not liable for wringing out leather. Similarly, the fact that he mentions the prohibition against laundering leather in this chapter appears to indicate that he considers it to be merely a Rabbinic prohibition. This perspective is also quoted by Shulchan Aruch HaRav 302:19. The Be'ur Halachah 302, however, explains that one is liable for laundering leather. We may not scrape new sandals or shoes,81The Rambam appears to allow one to scrape old shoes. The Ra'avad and the Maggid Mishneh object to this ruling, based on Shabbat 141a-b, which states that it is forbidden to scrape both new and old shoes.The commentaries offer several resolutions of this difficulty. Some point to manuscript copies of the Mishneh Torah that omit the word "new" entirely (Radbaz, Vol. V, Responsum 1628). Others explain that the Rambam mentions "new" shoes for specific reasons, but not to imply that scraping old shoes is permitted (Rabbenu Meir of Padua). Others find sources to substantiate the Rambam's ruling (Sefer HaKovetz).
The Shulchan Aruch (Orach Chayim 302:8) forbids scraping both old and new shoes. Significantly, however, the prohibition is associated with the forbidden labor of removing hair. Note also the Magen Avraham 302:17 who emphasizes that the prohibition applies only when using a knife. Using dull metal is permitted. but we may apply oil to them.82See Chapter 23, Halachah 10, which appears to contradict this ruling. Similarly, the Ra'avad and others question the text here. Significantly, Rav Kapach mentions that the Yemenite manuscripts of the Mishneh Torah follow an alternate version of the text, which does not present a difficulty. [Similarly,] we may clean old [sandals and shoes].
A pillow or a blanket [soiled] with mud or excrement may be cleaned with a rag.83Care must be taken not to press the rag firmly, lest one squeeze out water from it (Shulchan Aruch, loc. cit.:9). If it is made of leather, one may pour water over it until the stain is removed.84One may not, however, rub them under water to remove the stain (Maggid Mishneh). Washing a cloth in water would be considered as laundering, even according to Torah law (Shulchan Aruch HaRav 302:20).
הלכה יט
מִי שֶׁנִּתְלַכְלְכָה יָדוֹ בְּטִיט מְקַנְּחָהּ בִּזְנַב הַסּוּס וּבִזְנַב הַפָּרָה וּבְמַפָּה הַקָּשָׁה הָעֲשׂוּיָה לֶאֱחֹז בָּהּ הַקּוֹצִים. אֲבָל לֹא בְּמַפָּה שֶׁמְּקַנְּחִין בָּהּ אֶת הַיָּדַיִם שֶׁלֹּא יַעֲשֶׂה כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל וְיָבוֹא לְכַבֵּס אֶת הַמַּפָּה:
כסף משנה
19.
A person whose hands have become soiled with mud may clean them with a horse's tail, a cow's tail, or a firm cloth used to hold thorns.85The Mishnah Berurah 302:57 states that one may also use a rag that is of no importance. [One may] not, [however, use a] cloth that is used to clean one's hands. [These restrictions were instituted] so that one will not follow one's weekday practice and come to launder the cloth.86I.e., the prohibition was not instituted because of the act of washing one's hands with the cloth, but because one might wash the cloth later.הלכה כ
מִי שֶׁרָחַץ בְּמַיִם מִסְתַּפֵּג בַּאֲלֻנְטִיתוֹ וּמְבִיאָהּ בְּיָדוֹ וְאֵין חוֹשְׁשִׁין שֶׁמָּא יִסְחֹט. וְכֵן מִי שֶׁנָּשְׁרוּ כֵּלָיו בְּמַיִם מְהַלֵּךְ בָּהֶן וְאֵין חוֹשְׁשִׁין שֶׁמָּא יִסְחֹט. וְאָסוּר לוֹ לְשָׁטְחָן וַאֲפִלּוּ בְּתוֹךְ בֵּיתוֹ גְּזֵרָה שֶׁמָּא יֹאמַר הָרוֹאֶה הֲרֵי זֶה כִּבֵּס כְּסוּתוֹ בְּשַׁבָּת וּשְׁטָחָהּ לְיַבְּשָׁהּ. וְכָל מָקוֹם שֶׁאָסְרוּ חֲכָמִים מִפְּנֵי מַרְאִית הָעַיִן אֲפִלּוּ בְּחַדְרֵי חֲדָרִים אָסוּר:
כסף משנה
20.
A person who washes himself in water may dry himself with a towel and carry it by hand; we do not suspect that he might wring [water from it].87The Magen Avraham 301:58 focuses on this law as an example of the relation of the principles of Rabbinic authority to the changes in the cultural conditions under which Jews lived. Originally, this leniency was granted, because in the Talmudic era washing every day was considered a necessity, and a person who washes himself must dry himself. In his own time, washing was not considered as great a necessity. Hence, some thought of ruling that using a towel would be prohibited. Nevertheless, since the Sages of the Talmud did not institute a prohibition in this regard, the later Rabbis left the status quo unchanged. The Magen Avraham, however, concludes that it is preferable to dry oneself with a towel that one would not normally wring out during the week.Similarly, a person whose clothes become soaked with water88I.e., from rain, or because he fell into a body of water. may continue walking in them; we do not suspect that he might wring [water from them].89He must, however, be careful not to shake the water from them. [When he removes them,] he may not, however, hang them out to dry even within his home, lest an observer suppose that he laundered his garment on the Sabbath and hung it out to dry.90We are not, however, obligated to remove clothes that were hanging on a clothesline before the Sabbath (Shulchan Aruch, Orach Chayim 301:45). Whenever the Sages instituted a prohibition because of the impression it might create,91The Mishnah Berurah 301:165 cites authorities who maintain that this applies only with respect to a safeguard instituted because of the possibility that an observer might think a prohibition from the Torah was violated. When the question revolves around a Rabbinic prohibition, there is room for leniency. the act is forbidden even in one's private chambers.92For the Sages wanted to established a uniform standard, applicable at all times.
הלכה כא
שְׁתֵּי מְטַהְרוֹת זוֹ עַל גַּב זוֹ נוֹטֵל אֶת הַפְּקָק מִבֵּינְתַיִם וּמְשִׁיקָן וּמַחֲזִיר אֶת הַפְּקָק לִמְקוֹמוֹ מִפְּנֵי שֶׁאֵינוֹ בָּא לִידֵי סְחִיטָה שֶׁהֲרֵי דַּעְתּוֹ שֶׁיֵּצְאוּ הַמַּיִם. וּפוֹקְקִין אֶת הַבִּיב בְּסוּדָרִין וּבְכָל דָּבָר הַמִּטַּלְטֵל כְּדֵי שֶׁלֹּא יָצוּפוּ הַמַּיִם עַל הָאֳכָלִים וְעַל הַכֵּלִים. אֲבָל אֵין פּוֹקְקִין אֶת הַבִּיב כְּדֵי שֶׁיֵּרְדוּ הַמַּיִם לַבּוֹר שֶׁמָּא יִסְחֹט בְּעֵת שֶׁדּוֹחֵק שֶׁהֲרֵי הַפְּקָק שָׁרוּי בְּמַיִם:
כסף משנה
21.
When two mikvaot are located one on top of the other, one may remove the plug between them and connect them. Afterwards, one may return the plug to its place. There is no concern that one might squeeze out water [in the process of doing so], since one's intent is that the water should flow out.93The Kessef Mishneh explains that since the person desires to connect the two mikvaot, he will not insert the plug firmly to the extent that he will squeeze water from it.One may plug a drain with clothes or with any article that can be carried so that water will not inundate food and utensils.94In this instance, the person's concern is to prevent the food and utensils from being inundated by the flow of water. Accordingly, his intent will be to plug the drain in a manner that will prevent a great flow. He, however, is not concerned that there will be a slight leak and will not necessarily plug the drain tightly (Kessef Mishneh).
Merkevet HaMishneh offers a different interpretation. The Rambam is referring to a plug for a hole in a cistern. The person sees that the drain pipes leading to the cistern are full and soon the water level will reach the hole. He therefore plugs the hole so that the water will not flow out and flood the courtyard. Although he plugs the hole tightly, since the water level has not yet reached this height, there is no possibility that he will squeeze out water in the process. We may not, however, plug a drain so that water will descend into a cistern.95I.e., there is a drain-pipe that leads in two directions. By plugging one end, the water can be directed into a cistern. The plug is resting in water and the possibility exists that one may squeeze [water from the plug] when one presses it into place.96Since in this instance, the person wants to direct the flow of the water and preserve all of it, he will plug the other end of the pipe tightly. When doing so, the possibility exists that he will squeeze water from the plug.
הלכה כב
אָסוּר לְתַקֵּן בֵּית יָד שֶׁל בְּגָדִים וּלְשַׁבְּרָם שְׁבָרִים שְׁבָרִים כְּדֶרֶךְ שֶׁמְּתַקְּנִין בְּחל הַבְּגָדִים כְּשֶׁמְּכַבְּסִין אוֹתָן. וְכֵן אֵין מְקַפְּלִים הַבְּגָדִים בְּשַׁבָּת כְּדֶרֶךְ שֶׁעוֹשִׂין בְּחל בַּבְּגָדִים כְּשֶׁיְּכַבְּסוּ אוֹתָן. וְאִם לֹא הָיָה לוֹ כְּלִי אַחֵר לְהַחֲלִיפוֹ מֻתָּר לְקַפְּלוֹ וּלְפָשְׁטוֹ וּלְהִתְכַּסּוֹת בּוֹ כְּדֵי שֶׁיִּתְנָאֶה בּוֹ בְּשַׁבָּת. וְהוּא שֶׁיִּהְיֶה בֶּגֶד חָדָשׁ לָבָן שֶׁהֲרֵי הוּא מִתְמַעֵךְ וּמִתְלַכְלֵךְ מִיָּד. וּכְשֶׁיְּקַפֵּל לֹא יְקַפֵּל אֶלָּא אִישׁ אֶחָד אֲבָל לְקַפֵּל בִּשְׁנַיִם אָסוּר:
כסף משנה
22.
It is forbidden to fix the sleeves of garments, adjusting them to form layers of cuffs97Our translation is based on Rashi's commentary, Beitzah 23a. as is one's ordinary practice during the week after washing clothes.98See Hilchot Sh'vitat Yom Tov 8:14, which states that this is forbidden on Chol HaMo'ed because it requires professional expertise.Similarly, we may not fold clothes on the Sabbath in the same way as we fold clothes during the week after laundering them. If one does not possess a change of clothes, one may fold a garment,99This appears to refer to folding a garment with the intent of smoothing out wrinkles that already exist. Similarly, one may fold a garment after removing it, in order that it remain uncreased so it can be worn again on the Sabbath (Shulchan Aruch HaRav 302:8). stretch it out, and wear it so that one will [be dressed] attractively on the Sabbath.100One may fold and refold a garment several times on the Sabbath (Shabbat 15:3). If, however, there is no need to wear a garment again on the Sabbath, one may not fold it so that it will remain uncreased for the following day. For this reason, it is forbidden to fold one's tallit on the Sabbath after the morning prayers (Shulchan Aruch HaRav 302:8; Mishnah Berurah 302:13). The above [restrictions] apply only to a new white garment that may become wrinkled and soiled immediately.101Note Rashi (Shabbat 113a), who offers a different explanation of the Talmudic passage that serves as the source for the Rambam's ruling.
Only one person may fold [a garment]; folding it by two people [together] is forbidden.102When two people fold a garment, the possibility exists that one will smooth out the creases by hand. This is forbidden (Shulchan Aruch HaRav 302:9).
הלכה כג
הַצּוֹבֵעַ מֵאֲבוֹת מְלָאכוֹת לְפִיכָךְ אָסוּר לְאִשָּׁה לְהַעֲבִיר סְרָק עַל פָּנֶיהָ מִפְּנֵי שֶׁהִיא כְּצוֹבַעַת. וְהַתּוֹפֵר מֵאֲבוֹת מְלָאכוֹת לְפִיכָךְ אָסוּר לְמַלְּאוֹת הַכַּר וְהַכֶּסֶת הַחֲדָשִׁים בְּמוֹכִין גְּזֵרָה שֶׁמָּא יִתְפֹּר. אֲבָל מוֹכִין שֶׁנָּשְׁרוּ מִן הַכַּר אוֹ מִן הַכֶּסֶת מַחְזִירִין אוֹתָן בְּשַׁבָּת:
כסף משנה
23.
Dyeing is one of the categories of [forbidden] labor.103See Chapter 9, Halachah 13.Accordingly, it is forbidden for a woman to apply rouge to her face,104Similarly, the application of other forms of makeup is forbidden (Shulchan Aruch, Orach Chayim 303:25 and commentaries). because this resembles dyeing.Sewing is one of the categories of [forbidden] labor.105See Chapter 10, Halachah 9.Accordingly, it is forbidden to fill a new pillow or blanket with unprocessed fabric, lest one sew it closed.106Note Rashi (Shabbat 48a), who offers a different rationale for this restriction: that this resembles making a utensil. On the Sabbath one may, however, return fabric that has fallen out from a pillow or blanket107The Mishnah Berurah 340:32 emphasizes that one may return them to the same pillow or blanket, but may not transfer them to another one on the Sabbath..
הלכה כד
הַקּוֹרֵעַ מֵאֲבוֹת מְלָאכוֹת. לְפִיכָךְ מִי שֶׁנִּסְתַּבְּכוּ בְּגָדָיו בְּקוֹצִים מַפְרִישָׁן בְּצִנְעָה וּמִתְמַהְמֵהַּ כְּדֵי שֶׁלֹּא יִקְרַע. וְאִם נִקְרְעוּ אֵינוֹ חַיָּב כְּלוּם שֶׁהֲרֵי לֹא נִתְכַּוִּן. וּמֻתָּר לִלְבּשׁ בְּגָדִים חֲדָשִׁים וְאִם נִקְרְעוּ נִקְרְעוּ. פּוֹצְעִין אֶת הָאֱגוֹז בְּמַטְלִית וְאֵין חוֹשְׁשִׁין שֶׁמָּא תִּקָּרַע:
כסף משנה
24.
Tearing is one of the categories of [forbidden] labor.108See Chapter 10, Halachah 10.Accordingly, a person whose garments catch onto thorns should separate them carefully109Our translation has parallels in the Rambam's Commentary on the Mishnah, D'mai 6:6 and Kilayim 9:5. The Merkevet HaMishneh, however, renders this word as "modestly" - i.e., so others will not see him and think that he is tearing. and patiently, so that they do not tear. If they tear, he is not liable, for this is not his intent.110As mentioned several times, a person is not liable for performing a forbidden labor without intention. In this instance, there is an even greater reason for leniency, since the concept of intent is particularly important regarding this category of forbidden labor. As the Rambam mentions in Chapter 10, the forbidden labor of tearing consists of tearing for the sake of resewing.It is permitted to wear new clothes; if they tear, it is of no consequence. We may crack open a nut in a piece of cloth without concern that [the cloth] might tear.
הלכה כה
הַתּוֹקֵעַ חַיָּב מִשּׁוּם בּוֹנֶה. לְפִיכָךְ כָּל הַדְּלָתוֹת הַמְחֻבָּרוֹת לַקַּרְקַע לֹא נוֹטְלִין אוֹתָן וְלֹא מַחְזִירִין גְּזֵרָה שֶׁמָּא יִתְקַע. אֲבָל דֶּלֶת שִׁדָּה תֵּבָה וּמִגְדָּל וּשְׁאָר דַּלְתוֹת הַכֵּלִים נוֹטְלִין וְלֹא מַחְזִירִין. וְאִם נִשְׁמַט צִיר הַתַּחְתּוֹן שֶׁלָּהֶן דּוֹחֲקִין אוֹתוֹ לִמְקוֹמוֹ. וּבַמִּקְדָּשׁ מַחְזִירִין אוֹתוֹ. אֲבָל צִיר הָעֶלְיוֹן שֶׁנִּשְׁמַט אָסוּר לְהַחֲזִירוֹ בְּכָל מָקוֹם גְּזֵרָה שֶׁמָּא יִתְקַע:
כסף משנה
25.
A person who attaches [building materials to each other] is liable for performing a derivative [of the forbidden labor] of building.111See Chapter 10, Halachot 12-14. Therefore, all doors that are attached to the ground should not be removed, nor should they be returned to their place, lest one attach them.112The Maggid Mishneh questions the Rambam's statements here, noting that from the halachot cited above, it would appear that by returning the doors to their place one would be liable for performing the forbidden labor of building.The doors of a cabinet, chest, or closet, or the doors of other utensils may be removed, but they may not be returned to their place.113According to the Ramah (Orach Chayim 314:1), this law applies only to small cabinents and chests, those smaller than 40 seah, approximately .375 square meters in modern measure.
In a related matter, Shulchan Aruch HaRav 308:34-35 emphasizes that in contrast to the doors of a building, the doors of cabinets, chests, and the like are not considered muktzeh on the Sabbath. Since they were part of a utensil before they were removed, they are still considered to be utensils afterwards. In contrast, the doors of a building were not considered utensils before the commencement of the Sabbath. Hence, if they are removed on the Sabbath, it is forbidden to carry them. If their bottom hinge slips [partially out of place], it may be pushed back into place.114If, however, it slips off entirely, it may not be returned outside the Temple (Shulchan Aruch, Orach Chayim 313:5). In the Temple, it may be returned to its place.115Since the prohibitions in the category of sh'vut need not be observed in the Temple. If, however, the upper hinge slips [out of place], it is forbidden to return it. [This is] a decree [applying] in all places,116I.e., even in the Temple. This is an exception to the principle mentioned in the previous note, because, in this instance it is very likely that one will perform a forbidden labor (Tosafot, Eruvin 102b). [enacted] lest one attach it.117There is a greater concern that one will attach the upper hinge firmly, because if it becomes detached the door will fall. If, by contrast, the upper hinge remains attached but the lower hinge slips off, the door will still remain hanging.
הלכה כו
אֵין גּוֹדְלִין אֶת שְׂעַר הָרֹאשׁ וְאֵין פּוֹקְסִין אוֹתוֹ מִפְּנֵי שֶׁנִּרְאֶה כְּבוֹנֶה. וְאֵין מַחְזִירִין מְנוֹרָה שֶׁל חֻלְיוֹת וְלֹא כִּסֵּא הַמְפֻצָּל וְלֹא שֻׁלְחָן הַמְפֻצָּל וְכַיּוֹצֵא בָּהֶן מִפְּנֵי שֶׁנִּרְאֶה כְּבוֹנֶה. וְאִם הֶחֱזִיר פָּטוּר שֶׁאֵין בִּנְיָן בְּכֵלִים וְאֵין סְתִירָה בְּכֵלִים. וְאִם הָיָה רָפוּי מֻתָּר לְהַחֲזִירוֹ. וְאֵין מְתַקְּנִין חֻלְיוֹת שֶׁל שִׁדְרָה שֶׁל קָטָן זוֹ בְּצַד זוֹ מִפְּנֵי שֶׁנִּרְאֶה כְּבוֹנֶה:
כסף משנה
26.
One may not braid one's hair, or set one's hair around one's forehead,118Our translation is based on the Rambam's Commentary on the Mishnah (Shabbat 10:7). Rashi interprets this term to refer to "parting the hair." Note also the Mishnah Berurah 303:83, which discusses whether this restriction applies regarding only a woman's natural hair, or also regarding a wig. for this would appear to resemble building.A candelabrum made up of separate pieces may not be reassembled on the Sabbath, nor may a chair or a table made up of pieces be reconstructed,119See also Shulchan Aruch (Orach Chayim 315:5), which - albeit in a different context - allows the use of folding chairs on the Sabbath. One may add a leaf to a table, but one may not construct a table by placing the table board on its legs. for this resembles building.120Many other authorities differ and explain that the prohibition was instituted lest one firmly attach the parts to each other. Were one to do so, one would be liable for performing the forbidden labor of מכה בפטיש, completing a utensil (Shulchan Aruch, Orach Chayim 313:6). If, however, one does reassemble these objects, one is not liable,121It appears that, accordingly to the Rambam, even if a person were to attach the parts firmly to each other, he would not be liable. As mentioned, others differ. since [the forbidden labors] of building and demolishing do not apply regarding utensils.122The Rambam's perspective on this issue requires clarification: Beitzah 22a states, "There is no [concept of] building regarding utensils."
The Rambam explains that this refers only to putting together a utensil that is made up of several component parts. Fashioning a new utensil, by contrast, is surely considered building, as explained in Chapter 10, Halachah 13 and notes. As mentioned, others differ and maintain that a person who fashions a new utensil is liable for performing the forbidden labor of מכה בפטיש, completing a utensil. If [the parts of such a utensil] remain loosely put together, one may [complete] its assembly.123According to the Rambam, the rationale for the leniency appears to be that since the parts hang loosely, one would not confuse assembling such a structure with erecting a building. According to the other authorities, the rationale is that since the parts of the utensil hang loosely, there is little likelihood that one will attach the parts firmly to each other.
We may not adjust the vertebra in a child's backbone [so that they are aligned] one above the other,124This refers to adjusting the child's limbs by hand. As mentioned in Chapter 21, Halachah 31, one may tie clothes around the child to adjust his limbs. Furthermore, on the day of a child's birth, it is permitted to adjust his limbs (Shulchan Aruch HaRav 330:10; Mishnah Berurah 330:34). Even afterwards, many authorities allow the adjustment of other limbs, with the exception of the backbone. since this resembles building.
הלכה כז
הָעוֹשֶׂה אֹהֶל קָבוּעַ חַיָּב מִשּׁוּם בּוֹנֶה. לְפִיכָךְ אֵין עוֹשִׂין אֹהֶל עֲרַאי לְכַתְּחִלָּה וְלֹא סוֹתְרִין אֹהֶל עֲרַאי גְּזֵרָה שֶׁמָּא יַעֲשֶׂה אוֹ יִסְתֹּר אֹהֶל קָבוּעַ. וְאִם עָשָׂה אוֹ סָתַר אֹהֶל עֲרַאי פָּטוּר. וּמֻתָּר לְהוֹסִיף עַל אֹהֶל עֲרַאי בְּשַׁבָּת. כֵּיצַד. טַלִּית שֶׁהָיְתָה פְּרוּסָה עַל הָעַמּוּדִים אוֹ עַל הַכְּתָלִים וְהָיְתָה כְּרוּכָה קֹדֶם הַשַּׁבָּת אִם נִשְׁאָר מִמֶּנָּה גַּג טֶפַח מָתוּחַ הֲרֵי זֶה מוֹתֵחַ אֶת כֻּלָּהּ בְּשַׁבָּת עַד שֶׁיַּעֲשֶׂה אֹהֶל גָּדוֹל. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
27.
A person who erects a permanent tent is liable for performing a derivative [of the forbidden labor] of building.125See Chapter 10, Halachah 13. Accordingly, at the outset, it is forbidden to erect or demolish a temporary126In this context, the word "temporary" is defined as "not constructed to remain for a prolonged period" (Shulchan Aruch HaRav 315:1). It would appear that, according to the Rambam, even if a tent has a roof that is a handbreadth wide, its classification as permanent or temporary depends on the intent of the person who erects it. (See the Noda BiY'hudah, Vol. II, Orach Chayim, Responsum 30.)Based on this restriction, the Noda BiY'hudah (loc. cit.) forbids opening an umbrella on the Sabbath. Similarly, because of the appearance that might be created, he forbids carrying an umbrella on the Sabbath even when: a) it was opened before the Sabbath, and b) the community possesses an eruv that makes it permitted to carry. tent, lest one erect or demolish a permanent tent. If, however, one erects or demolishes a temporary tent, he is not liable.
One may add to a temporary tent on the Sabbath. What is implied? If a cloth was spread over pillars or over walls and was rolled up before the Sabbath, [the following rule applies]: If there was a portion the size of a handbreadth extended before the Sabbath,127If, however, the overhang was not at all extended before the commencement of the Sabbath, it may not be extended on the Sabbath. Although it was suspended above the wall before the Sabbath, since it was completely rolled up, it may not be used. one may extend it until its full width on the Sabbath, causing it to become a large tent. The same applies in other similar situations.
הלכה כח
אֵין תּוֹלִין אֶת הַכִּלָּה שֶׁהֲרֵי נַעֲשֵׂית תַּחְתֶּיהָ אֹהֶל עֲרַאי. וּמֻתָּר לְהַנִּיחַ מִטָּה וְכִסֵּא וּטְרַסְקָל וְאַף עַל פִּי שֶׁיֵּעָשֶׂה תַּחְתֵּיהֶן אֹהֶל שֶׁאֵין זֶה דֶּרֶךְ עֲשִׂיַּת אֹהֶל לֹא קֶבַע וְלֹא עֲרַאי:
כסף משנה
28.
One may not hang a canopy over a bed, because a temporary tent is created beneath it. It is, by contrast, permissible to set down a bed, a chair, and a table128Similarly, it is permitted to place a table-top on its legs (Maggid Mishneh). Note, however, the Shulchan Aruch (Orach Chayim 315:3), which forbids placing a table-top on legs that appear as walls. even though a tent is created below them,129I.e., a space is covered by a surface supported by four legs. since this is not the way either a permanent or temporary tent is fashioned.130Since one does not use the space below them (Maggid Mishneh).Note the apparent contradiction between the Rambam's ruling here and his ruling in Hilchot Sh'vitat Yom Tov 4:15, and the resolution offered by the Lechem Mishneh there.
הלכה כט
כָּל אֹהֶל מְשֻׁפָּע שֶׁאֵין בְּגַגּוֹ טֶפַח וְלֹא בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לְגַגּוֹ רֹחַב טֶפַח הֲרֵי זֶה אֹהֶל עֲרַאי וְהָעוֹשֶׂה אוֹתוֹ לְכַתְּחִלָּה בְּשַׁבָּת פָּטוּר. טַלִּית כְּפוּלָה שֶׁהָיוּ עָלֶיהָ חוּטִין שֶׁהִיא תְּלוּיָה בָּהֶן מֵעֶרֶב שַׁבָּת מֻתָּר לִנְטוֹתָהּ וּמֻתָּר לְפָרְקָהּ וְכֵן הַפָּרֹכֶת:
כסף משנה
29.
Any tent with a slanted roof whose roof is not a handbreadth wide,131I.e., the walls of the tent slant downward, and it does not have a straight roof that is a handbreadth wide. nor is the span three handbreadths below its roof a handbreadth wide,132Based on the principle of l'vud, the space within three handbreadths is considered to be a single entity. Thus, were it to be a handbreadth wide, the tent would be considered as having a roof of significant size (Shulchan Aruch HaRav 315:15). is considered to be a temporary tent. A person who erects it for the first time on the Sabbath is not liable.133This follows the opinion of Rabbenu Yitzchak Alfasi and Rabbenu Chanan'el. Rashi and Rabbenu Asher, by contrast, maintain that since the tent does not have a roof that is a handbreadth wide, it can never be considered even a temporary tent, and there is no prohibition in constructing it. The Shulchan Aruch (Orach Chayim 315:8) follows the Rambam's ruling.A cloth that is hanging134I.e., there is a beam in the middle of a room on which a cloth is rolled that will be spread out to serve as a cover for a bed. Cords are attached to the cloth, and when they are pulled it is extended to form the canopy. Needless to say, such a canopy must meet the criteria mentioned in the first clause of this halachah regarding the width of its roof (Shulchan Aruch HaRav 315:16; Mishnah Berurah 315:37). doubled over on Friday135As implied by the first clause, had the cloth not been hanging before the commencement of the Sabbath, hanging it on the Sabbath itself would have been forbidden. Nevertheless, since it was hanging before the Sabbath and the cords that extend it are already in place, it is considered already to have been extended the length of a handbreadth. Therefore, extending it further is permitted, as mentioned in Halachah 27 (ibid.). with cords from which its ends are suspended may be spread out and rolled up136Since spreading out the cloth is not considered to be building a tent, closing it is not considered to be demolishing one (Shulchan Aruch HaRav 315:16; Mishnah Berurah 315:38). This and all the other leniencies associated with a temporary tent apply when the roof of the temporary tent is less than a handbreadth wide (Shulchan Aruch HaRav 315:17; Mishnah Berurah 315:38). This ruling is also reflected in the following halachah. [on the Sabbath]. The same [rules] apply to a curtain.137Note the Ramah (Orach Chayim 315:1), who states that one may hang a curtain on the Sabbath, even if one intends to leave it hanging permanently, provided there is no halachic significance to its being hung - e.g., to hang a curtain in front of a toilet so that one could pray in that same room.
Note also the Mishnah Berurah 315:38, which states that the wording of this halachah indicates that the cords from which a curtain hangs must be prepared before the commencement of the Sabbath, as the cords of the cloth mentioned immediately before. There are, however, other authorities who do not accept this view. (See also Halachah 32, which describes the manner in which a curtain may be hung.)
הלכה ל
כִּלַּת חֲתָנִים שֶׁאֵין בְּגַגָּהּ טֶפַח וְאֵין בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לְגַגָּהּ רֹחַב טֶפַח. הוֹאִיל שֶׁהִיא מְתֻקֶּנֶת לְכָךְ מֻתָּר לִנְטוֹתָהּ וּמֻתָּר לְפָרְקָהּ וְהוּא שֶׁלֹּא תְּהֵא מְשֻׁלְשֶׁלֶת מֵעַל הַמִּטָּה טֶפַח. פְּקַק הַחַלּוֹן בִּזְמַן שֶׁהוּא מְתֻקָּן לְכָךְ אַף עַל פִּי שֶׁאֵינוֹ קָשׁוּר וְאֵינוֹ תָּלוּי מֻתָּר לִפְקֹק בּוֹ הַחַלּוֹן:
כסף משנה
30.
[The following rules apply to a bed over which is hung] a bridal canopy whose roof is not a handbreadth wide, nor is the span three handbreadths below its roof a handbreadth wide:138Thus, it meets the criteria of a temporary tent mentioned in the previous halachah. Since it was prepared to serve this purpose [before the commencement of the Sabbath], it may be spread out and rolled up [on the Sabbath].139This represents a greater leniency than the previous halachah. In that halachah, leniency was granted only because the ends of the canopy were hanging from the curtain rods and attached by strings. In this instance, the canopy was not hanging before the Sabbath. Nevertheless, since it was prepared to serve this purpose, it is permitted. [This leniency is granted,] provided it does not hang more than a handbreadth above the bed.140The Maggid Mishneh cites the interpretation of the Rashba, who explains that this refers to a canopy that hangs down a handbreadth below the bed. The part that hangs down is thus considered to be a wall - and the slanted portion of the canopy, a roof.Based on this interpretation, he finds it necessary to differentiate between such a canopy and a sheet or blanket extended over a bed that is used at present. In the latter instance, even though the sheet or blanket extends more than a handbreadth on either side of the bed, it is not considered a tent, since it was not spread out with the purpose of enclosing space. The canopy, by contrast, was spread out for that purpose and hence is considered a tent in certain instances.
Although this interpretation is accepted by the later authorities (Shulchan Aruch HaRav 315:18; Mishnah Berurah 315:42), Rav Kapach notes that it does not fit the wording used by the Rambam, "provided it does not hang more than a handbreadth above the bed." He thus explains that if the canopy hangs more than a handbreadth above the bed, that open space is considered a wall, and the canopy, its roof.
A curtain141Our translation is taken from the Rambam's Commentary on the Mishnah (Shabbat 17:7). Others render this as "a shutter." It would, however, appear that the Rambam would not object to the use of a shutter for this purpose. Indeed, as indicated by Shabbat 24:5, it is permitted to use any utensil for this purpose. Compare also to Chapter 26, Halachah 10. used to close a window142The rationale for this leniency is that this is considered equivalent to closing a window or a door which is permitted on the Sabbath (Shabbat 125b).
The same rules apply regarding an aperture in the roof (Shulchan Aruch HaRav 313:1; Mishnah Berurah 313:1). may be employed for that purpose even though it was not attached [to the window] or hanging [from it, because] it was prepared to be used for this intent.
הלכה לא
כּוֹבַע שֶׁעוֹשִׂין עַל הָרֹאשׁ וְיֵשׁ לוֹ שָׂפָה מַקֶּפֶת שֶׁהִיא עוֹשָׂה צֵל כְּמוֹ אֹהֶל עַל לְבוּשׁוֹ מֻתָּר לְלָבְשׁוֹ. וְאִם הוֹצִיא מִן הַבֶּגֶד סָבִיב לְרֹאשׁוֹ אוֹ כְּנֶגֶד פָּנָיו כְּמוֹ אֹהֶל וְהָיָה מְהֻדָּק עַל רֹאשׁוֹ וְהָיְתָה הַשָּׂפָה שֶׁהוֹצִיאָהּ קָשָׁה בְּיוֹתֵר כְּמוֹ גַּג אָסוּר מִפְּנֵי שֶׁהוּא עוֹשֶׂה אֹהֶל עֲרַאי:
כסף משנה
31.
It is permitted to wear a hat with a brim that provides shade for the person wearing143In this instance, we have adopted the version of this halachah found in the Yemenite manuscripts of the Mishneh Torah. The version of the standard published texts would be rendered "on one's garments." it.144The Maggid Mishneh and similarly, the Shulchan Aruch (Orach Chayim 301:40), interpret this as referring to a hat with a brim less than a handbreadth. According to their interpretation, putting on such a hat is forbidden even in one's home. The Noda BiY'hudah (Vol. II, Orach Chayim, Responsum 30), however, explains that there is no prohibition against putting on a hat, regardless of how wide its brim is. If, however, one extends the clothes one is wearing above one's head or in front of one's face like a tent and: a) [the clothes] are tightly fitted around one's head, and b) the brim that one extends is very firm like a roof,145Note the Radbaz (Vol. V, Responsum 1450), who explains that both of these stipulations are derived from the Hebrew word מהודק used in Shabbat 138b, the source for this halachah. מהודק means "firm," and in this context, the use of the word implies both "firmly attached" and that the brim is firm. When both these stipulations are fulfilled, the garment resembles a tent.Note Rashi, however, who explains that the head-covering must be firmly attached to one's head. Otherwise, one may not wear it in the public domain, lest the wind blow it from one's head. Rashi's interpretation is followed by most later commentaries and accepted by the Shulchan Aruch (loc. cit.:41). this is forbidden, because one is making a temporary tent.
הלכה לב
הַנּוֹטֶה פָּרֹכֶת וְכַיּוֹצֵא בָּהּ צָרִיךְ לְהִזָּהֵר שֶׁלֹּא יַעֲשֶׂה אֹהֶל בְּשָׁעָה שֶׁנּוֹטֶה לְפִיכָךְ אִם הָיְתָה פָּרֹכֶת גְּדוֹלָה תּוֹלִין אוֹתָהּ שְׁנַיִם אֲבָל אֶחָד אָסוּר. וְאִם הָיְתָה כִּלָּה שֶׁיֵּשׁ לָהּ גַּג אֵין מוֹתְחִין אוֹתָהּ וַאֲפִלּוּ עֲשָׂרָה שֶׁאִי אֶפְשָׁר שֶׁלֹּא תִּגְבַּהּ מְעַט מֵעַל הָאָרֶץ וְתֵעָשֶׂה אֹהֶל עֲרַאי:
כסף משנה
32.
A person who hangs a curtain or the like should take care not to create a tent while he is doing so.146I.e., there is no prohibition against hanging the curtain if one holds it upright. This, however, is difficult when hanging a large curtain. Inevitably, one will hold one portion of the curtain with one's left hand and fold at least a handbreadth or more over with one's right hand while hanging it. Thus, a temporary tent will have been created.This represents the Rambam's conception of the passage in Shabbat 138b, the source for this halachah. Although the Ra'avad and others interpret that passage differently, the Rambam's view is accepted by the Shulchan Aruch (Orach Chayim 315:12). (See also the final clause of Halachah 29 and notes.) Therefore, a large curtain should be hung by two individuals and is forbidden to be hung by a single person.
[Moreover,] a canopy with a roof147I.e., in contrast to the canopy described in Halachah 29. may not be extended even if ten people help in doing so. For it is impossible that it will not be lifted up slightly above the ground [in the process] and thus form a temporary tent.
הלכה לג
בֶּגֶד שֶׁמְּכַסֶּה בּוֹ פִּי הֶחָבִית לֹא יְכַסֶּה בּוֹ אֶת כֻּלָּהּ מִפְּנֵי שֶׁנַּעֲשָׂה אֹהֶל אֲבָל מְכַסֶּה הוּא מִקְצָת פִּיהָ. הַמְסַנֵּן בִּכְפִיפָה מִצְרִית לֹא יַגְבִּיהַּ קַרְקָעִית הַכְּפִיפָה מִן הַכְּלִי טֶפַח כְּדֵי שֶׁלֹּא יַעֲשֶׂה אֹהֶל עֲרַאי בְּשַׁבָּת:
כסף משנה
33.
[A person] who covers a jug with a cloth should not cover it entirely, for this is considered to be making148Similarly, removing the cover is forbidden, since it is considered to be demolishing a tent (Shulchan Aruch HaRav 315:19). a tent.149The Maggid Mishneh mentions that this restriction applies only when there is a handbreadth or more of empty space in the jug. This qualification is accepted by the Shulchan Aruch (Orach Chayim 315:13).The Maggid Mishneh also mentions that the Rashba and the Ra'avad interpret Shabbat 139b, the source for this halachah, differently, and therefore reach a more lenient decision. Although their view is mentioned by the later authorities, the general consensus is to follow the Rambam's ruling. Instead, he should cover [merely] a portion of its opening.
A person who filters using an Egyptian basket150See Chapter 21, Halachah 17, and notes. should not lift the bottom of the basket above the utensil on the Sabbath so that he will not be creating a temporary tent.151Rashi (Shabbat, loc. cit.) interprets the passage that serves as the source for this halachah as the Rambam does. Others, however, explain that this restriction was instituted to make one deviate from one's ordinary practice as a safeguard associated with the forbidden labor of sifting.