Halacha
הלכה א
יֵשׁ דְּבָרִים שֶׁהֵן אְסוּרִין בְּשַׁבָּת אַף עַל פִּי שֶׁאֵינָם דּוֹמִין לִמְלָאכָה וְאֵינָם מְבִיאִין לִידֵי מְלָאכָה. וּמִפְּנֵי מָה נֶאֶסְרוּ מִשּׁוּם שֶׁנֶּאֱמַר (ישעיה נח יג) "אִם תָּשִׁיב מִשַּׁבָּת רַגְלֶךָ עֲשׂוֹת חֲפָצֶיךָ בְּיוֹם קָדְשִׁי" וְנֶאֱמַר (ישעיה נח יג) "וְכִבַּדְתּוֹ מֵעֲשׂוֹת דְּרָכֶיךָ מִמְּצוֹא חֶפְצְךָ וְדַבֵּר דָּבָר". לְפִיכָךְ אָסוּר לְאָדָם לְהַלֵּךְ בַּחֲפָצָיו בְּשַׁבָּת וַאֲפִלּוּ לְדַבֵּר בָּהֶן כְּגוֹן שֶׁיְּדַבֵּר עִם שֻׁתָּפוֹ מַה יִּמְכֹּר לְמָחָר אוֹ מַה יִּקְנֶה אוֹ הֵיאַךְ יִבְנֶה בַּיִת זֶה וּבְאֵי זֶה סְחוֹרָה יֵלֵךְ לְמָקוֹם פְּלוֹנִי. כָּל זֶה וְכַיּוֹצֵא בּוֹ אָסוּר שֶׁנֶּאֱמַר וְדַבֵּר דָּבָר דִּבּוּר אָסוּר הִרְהוּר מֻתָּר:
כסף משנה
1.
There are activities that are forbidden on the Sabbath despite the fact that they do not resemble the [forbidden] labors, nor will they lead to [the performance of] the [forbidden] labors.1As stated in Chapter 21, Halachah 1, these two reasons are the source for the prohibitions placed in the category of sh'vut.Why then are [these activities] forbidden? Because it is written [Isaiah 58:13], "If you restrain your feet, because of the Sabbath, and [refrain] from pursuing your desires on My holy day..." and it is written [ibid.], " And you shall honor it [by refraining] from following your [ordinary] ways, attending to your wants, and speaking about [mundane] matters."
Therefore, it is forbidden for a person to go2This restriction stems from the fact that the verse mentions, "Restraining your feet." and tend to his [mundane] concerns on the Sabbath, or even to speak about them3Rabbenu Asher, in his gloss on Shabbat 150a, associates this prohibition with discussing matters that are forbidden to be performed on the Sabbath itself. This thrust is reflected in the decisions of Shulchan Aruch HaRav 307:1 and the Mishnah Berurah 307:1.
The Rambam mentions these principles in Halachah 3. In this context, it can be noted that all the examples the Rambam gives in this halachah reflect activities forbidden on the Sabbath. - e.g., to discuss with a partner which merchandise should be sold on the morrow or which should be bought, how this building should be constructed, or which merchandise should be taken to a particular place. Speaking about all matters of this like is included in the prohibition [against] "...speaking about [mundane] matters."
It is speaking that is forbidden. Thinking [about such matters] is permitted.4For the verse specifically mentions speech, thus excluding thought from the prohibition. Nevertheless, as the Shulchan Aruch (Orach Chayim 306:8) emphasizes, "It is a mitzvah not to think of these matters at all. Instead, one's attitude should be that all of one's work has been completed."
הלכה ב
אָסוּר לְאָדָם לִפְקֹד גִּנּוֹתָיו וּשְׂדוֹתָיו בְּשַׁבָּת כְּדֵי לִרְאוֹת מַה הֵן צְרִיכִין אוֹ הֵיאַךְ הֵן פֵּרוֹתֵיהֶן. שֶׁהֲרֵי זֶה מְהַלֵּךְ לַעֲשׂוֹת חֶפְצוֹ. וְכֵן אָסוּר לְאָדָם שֶׁיֵּצֵא בְּשַׁבָּת עַד סוֹף הַתְּחוּם וְיֵשֵׁב שָׁם עַד שֶׁתֶּחְשַׁךְ כְּדֵי שֶׁיִּהְיֶה קָרוֹב לַעֲשׂוֹת חֲפָצָיו בְּמוֹצָאֵי שַׁבָּת. שֶׁהֲרֵי נִמְצָא הִלּוּכוֹ בְּשַׁבָּת לַעֲשׂוֹת חֲפָצָיו:
כסף משנה
2.
It is forbidden for a person to check his gardens and fields on the Sabbath to see what they require or to see how their fruit is growing, for this involves going to "pursue your desires."5According to the later authorities, this prohibition applies only when it is obvious that one's intent is to take care of one's own needs. If, however, it appears that one is merely taking a pleasure stroll, there is no prohibition (Shulchan Aruch HaRav 306:2; Mishnah Berurah 306:1). See, however, the notes on the following halachah.Similarly, it is forbidden for a person to go to the end of the Sabbath boundary62000 cubits from one's place at the commencement of the Sabbath. (See Chapter 27, where this concept is discussed at length.)
The Maggid Mishneh states that by mentioning "the end of the Sabbath boundary," the Rambam alludes to a concept stated by Tosafot (Shabbat 150a) - i.e., that if one's field is within the Sabbath boundary, there is no difficulty and one may walk to it on the Sabbath so that one can begin work on Saturday night. If the field is at the end of the Sabbath boundary, it is obvious that one is walking to proceed to one's field. When the field is within the Sabbath limits, by contrast, it is not obvious that one's intent is to perform forbidden labor.
Although the Shulchan Aruch 307:9 quotes this law, the Magen Avraham 307:13 questions the rationale, for the verse from Isaiah quoted above appears to prohibit walking to facilitate the performance of any activity forbidden on the Sabbath, regardless of the appearance created. on the Sabbath and wait there until nightfall so that he will be closer to performing a task7As explained in the following halachah, this refers to a task that is prohibited on the Sabbath itself. he desires to fulfill on Saturday night, for in this manner he is walking on the Sabbath in "pursuit of his desires."
הלכה ג
בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁהֶחְשִׁיךְ עַל הַתְּחוּם לַעֲשׂוֹת דָּבָר שֶׁאָסוּר בְּשַׁבָּת לַעֲשׂוֹתוֹ. אֲבָל אִם הֶחְשִׁיךְ לַעֲשׂוֹת דָּבָר שֶׁמֻּתָּר לַעֲשׂוֹתוֹ בְּשַׁבָּת הֲרֵי זֶה מֻתָּר. כֵּיצַד. אֵין מַחְשִׁיכִין עַל הַתְּחוּם לְהָבִיא פֵּרוֹת מְחֻבָּרִין אוֹ לִשְׂכֹּר פּוֹעֲלִין. אֲבָל מַחְשִׁיךְ הוּא לִשְׁמֹר פֵּרוֹת שֶׁהֲרֵי מֻתָּר לִשְׁמֹר בְּשַׁבָּת. וּמַחְשִׁיךְ לְהָבִיא בְּהֵמָה אוֹ פֵּרוֹת תְּלוּשִׁין. שֶׁהַבְּהֵמָה קוֹרֵא לָהּ וְהִיא בָּאָה אַף עַל פִּי שֶׁהִיא חוּץ לַתְּחוּם. וּפֵרוֹת תְּלוּשִׁין אִלּוּ הָיוּ שָׁם מְחִצּוֹת הָיָה מֻתָּר לַהֲבִיאָן בְּשַׁבָּת. וְכֵן אוֹמֵר אָדָם לַחֲבֵרוֹ לִכְרַךְ פְּלוֹנִי אֲנִי הוֹלֵךְ לְמָחָר שֶׁאִם הָיוּ שָׁם בּוּרְגָנִים הָיָה הוֹלֵךְ לְשָׁם בְּשַׁבָּת. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
3.
When does the above apply? When one goes to the end of the Sabbath boundary to wait until nightfall to perform an activity that is forbidden on the Sabbath itself. It is, however, permitted to [go to the boundary and] wait until nightfall in order to perform a task that is permitted on the Sabbath.What is implied? We may not go to the boundary and wait until nightfall in order to bring produce that is still attached to the ground or to hire workers. One may, however, go and wait until nightfall in order to guard one's produce, since it is permitted to guard [produce] on the Sabbath.8See Halachah 8.
Similarly, one may go and wait until nightfall in order to bring an animal or fruit that has already been detached. For one calls to an animal and it will come even if it is outside the [Sabbath] boundary,9Note the Shulchan Aruch (Orach Chayim 306:1), which states that this refers only to an animal that is able to walk on its own. If the animal is too young to walk on its own, it is forbidden to go and wait for it, since even if there were houses, one would be forbidden to carry the animal, because of the prohibition of muktzeh. and had there been enclosures, one would have been able to bring the detached produce on the Sabbath.
Similarly, a person may tell a colleague, "I am going10One may not, however, say, "I am riding," for riding is forbidden on the Sabbath (Mishnah Berurah 307:30). to this or that city tomorrow,"11Similarly, he may ask the colleague to accompany him (Maggid Mishneh, Shulchan Aruch, Orach Chayim 307:8). for if there were [a chain of] huts [located between the two places], one would be permitted to walk there on the Sabbath. The same applies in all similar situations.
הלכה ד
מֻתָּר לְאָדָם לוֹמַר לְפוֹעֵל הַנִּרְאֶה שֶׁתַּעֲמֹד עִמִּי לָעֶרֶב. אֲבָל לֹא יֹאמַר לוֹ הֱיֵה נָכוֹן לִי לָעֶרֶב שֶׁנִּמְצָא עוֹשֶׂה חֶפְצוֹ בְּשַׁבָּת. וְאָסוּר לָרוּץ וּלְדַלֵּג בְּשַׁבָּת שֶׁנֶּאֱמַר (ישעיה נח יג) "מֵעֲשׂוֹת דְּרָכֶיךָ" שֶׁלֹּא יְהֵא הִלּוּכְךָ שֶׁל שַׁבָּת כְּהִלּוּכְךָ שֶׁל חֹל. וְיוֹרֵד אָדָם לְבוֹר וְשִׁיחַ וּמְעָרָה אֲפִלּוּ הֵן מֵאָה אַמָּה וּמְטַפֵּס וְיוֹרֵד וְשׁוֹתֶה וּמְטַפֵּס וְעוֹלֶה. וְאָסוּר לְהַרְבּוֹת בְּשִׂיחָה בְּטֵלָה שֶׁנֶּאֱמַר (ישעיה נח יג) "וְדַבֵּר דָּבָר" שֶׁלֹּא יְהֵא דִּבּוּרְךָ שֶׁל שַׁבָּת כְּדִבּוּרְךָ שֶׁל חל:
כסף משנה
4.
It is permitted for a person to tell a worker whom he sees [on the Sabbath], "Stand near me in the evening."12Although both the employer and the employee understand the implication, since the employer is not making a direct statement - but merely an allusion - this is permitted. The Maggid Mishneh associates this with the concept mentioned at the conclusion of the first halachah: speaking about forbidden matters is prohibited, but not thought. Since no forbidden matters are discussed, the fact that they are implied is of no consequence. One may not, however, tell him, "Be prepared for me in the evening," since by doing so," the person is attending to his wants on the Sabbath.It is forbidden to run and jump on the Sabbath, as [Isaiah, loc. cit.] states, "[Refraining] from following your [ordinary] ways" - i.e., the manner in which you walk on the Sabbath should not resemble the manner in which you walk during the week. A person may, however, descend to a cistern, pit, or cave, even if they are 100 cubits deep, climb down to drink and then climb up.
It is forbidden to speak extensively about idle matters, as it is written [ibid.], "...speaking about [mundane] matters" - i.e., the manner in which you speak on the Sabbath should not resemble the manner in which you speak during the week.13The Ramah (Orach Chayim 307:1) mentions that a person who enjoys talking about news and matters of this nature may engage in such discussions on the Sabbath, since this brings him pleasure. Needless to say, Torah scholars are encouraged to direct their attention to loftier matters (Shulchan Aruch HaRav 307:2).
הלכה ה
מֻתָּר לָרוּץ בְּשַׁבָּת לִדְבַר מִצְוָה כְּגוֹן שֶׁיָּרוּץ לְבֵית הַכְּנֶסֶת אוֹ לְבֵית הַמִּדְרָשׁ. וּמְחַשְּׁבִין חֶשְׁבּוֹנוֹת שֶׁל מִצְוָה וּמוֹדְדִין מְדִידָה שֶׁל מִצְוָה כְּגוֹן מִקְוֶה לֵידַע אִם יֵשׁ כַּשִּׁעוּר אוֹ בֶּגֶד לֵידַע אִם מְקַבֵּל טֻמְאָה. וּפוֹסְקִין צְדָקָה לָעֲנִיִּים. וְהוֹלְכִין לְבָתֵּי כְּנֵסִיּוֹת וּלְבָתֵּי מִדְרָשׁוֹת וַאֲפִלּוּ לְטַרְטֵיאוֹת וּטְרַקְלִין שֶׁל כּוּתִים לְפַקֵּחַ עַל עִסְקֵי רַבִּים בְּשַׁבָּת. וּמְשַׁדְּכִין עַל הַתִּינוֹקֶת לֵיאָרֵס וְעַל הַתִּינוֹק לְלַמְּדוֹ סֵפֶר וּלְלַמְּדוֹ אֻמָּנוּת. וּמְבַקְּרִין חוֹלִין וּמְנַחֲמִים אֲבֵלִים. וְהַנִּכְנָס לְבַקֵּר אֶת הַחוֹלֶה אוֹמֵר שַׁבָּת הִיא מִלִּזְעֹק וּרְפוּאָה קְרוֹבָה לָבוֹא. וּמַחְשִׁיכִין עַל הַתְּחוּם לְפַקֵּחַ עַל עִסְקֵי כַּלָּה וְעַל עִסְקֵי הַמֵּת לְהָבִיא לוֹ אָרוֹן וְתַכְרִיכִין. וְאוֹמֵר לוֹ לֵךְ לְמָקוֹם פְּלוֹנִי לֹא מָצָאתָ שָׁם הָבֵא מִמָּקוֹם פְּלוֹנִי לֹא מָצָאתָ בְּמָנֶה הָבֵא בְּמָאתַיִם. וּבִלְבַד שֶׁלֹּא יִזְכֹּר לוֹ סְכוּם מִקָּח. שֶׁכָּל אֵלּוּ וְכַיּוֹצֵא בָּהֶן מִצְוָה הֵן וְנֶאֱמַר (ישעיה נח יג) "עֲשׂוֹת חֲפָצֶיךָ" וְכוּ' חֲפָצֶךָ אֲסוּרִין חֶפְצֵי שָׁמַיִם מֻתָּרִין:
כסף משנה
5.
It is permitted to run on the Sabbath for matters involved with a mitzvah14The Maggid Mishneh equates activities which involve a mitzvah with matters of communal interest. He emphasizes that it is only the prohibitions against involvement with mundane matters that are relaxed because of the performance of a mitzvah. Other prohibitions - e.g., telling a gentile to perform a forbidden activity, or performing an act that resembles or that may lead to the performance of a forbidden labor (i.e., shvut) - are never relaxed, even for the sake of a mitzvah .As the Rambam mentions (Chapter 6, Halachot 9-10), the prohibition against instructing a gentile to perform an act that is forbidden as a sh'vut is relaxed when a mitzvah is involved, but only when the prohibition is Rabbinic in origin.
The Shulchan Aruch (Orach Chayim 307:5) mentions an opinion permitting us to instruct a gentile to perform a forbidden act for matters of serious communal need, and also a more stringent opinion, that even forbids giving a gentile such instructions. The Ramah also notes a more lenient approach that allows one to tell a gentile to perform a task forbidden by the Torah. In practice, the Rambam's view, as interpreted by the Maggid Mishneh, is accepted by most authorities except in cases where a great loss is involved. In those instances, the leniency mentioned by the Shulchan Aruch is accepted. - e.g., to run to the synagogue or the house of study.
We are permitted to calculate accounts associated with a mitzvah,15The Magen Avraham 306:10 gives as an example, calculating the cost of a feast associated with a mitzvah. to make measurements concerning a mitzvah - e.g., to measure a mikveh to see if it contains [the required] quantity,16A mikveh must contain 40 seah to be halachically acceptable. or a cloth to see if it is [large enough to] contract ritual impurity.17As mentioned in Hilchot Keilim, Chapter 22, a piece of cloth is susceptible to contracting ritual impurity only if it is of a specific size. There are different sizes, depending on the type of cloth.
Charity may be pledged to the poor.18Or for the benefit of a synagogue or other charitable cause. We may go to synagogues and houses of study - and even to theaters and halls of gentiles - to take care19From the discussion of this matter by the later Rabbis, it appears that this phrase has two meanings: a) to examine and inspect a situation where the communal interest is involved; b) to plan out a course of action to deal with questions of this nature, and even to execute that plan, provided the only prohibition being violated is involvement in mundane affairs - for example, to speak to the gentile communal authorities. of matters of public interest on the Sabbath.
One may speak about arranging a marriage for a girl, or arranging study - whether the study of Torah or the study of a profession20For earning one's livelihood is a mitzvah of great esteem. (See also Hilchot Matnot Ani'im 10:18 and the Rambam's Commentary on the Mishnah, Avot 4:5.) - for a boy.21The details of financial arrangements involved in the marriage or the instructions should not, however, be discussed on the Sabbath (Shulchan Aruch, Orach Chayim 306:6). We may visit the sick and comfort mourners.22See Shabbat 12b, which states that permission to visit the sick and comfort mourners on the Sabbath was granted "with difficulty," because it runs contrary to the mood of pleasure that should characterize the Sabbath (Rashi). Significantly, the treatment of this subject in Shulchan Aruch HaRav 287:1-3 appears to reflect a different emphasis from that of the Rambam. A person who goes to visit a sick person should say, "It is the Sabbath [when it is forbidden] to plead;23In this context, note one of the Rambam's responsa (208), which emphasizes the importance of refraining from reciting any prayers containing requests whether of a communal or an individual nature on the Sabbath or on festivals. healing will come soon."24As the Rambam writes in Hilchot Eivel 14:6, one of the fundamental aspects of the mitzvah of visiting the sick is to arouse divine mercy on their behalf. Nevertheless, since it is forbidden to plead on the Sabbath, one makes a statement that acknowledges God's kindness. The phrase cited by the Rambam is also used as the basis of the Mi Sheberach prayers recited for a sick person in the synagogue on the Sabbath.
One may go to the end of the Sabbath boundary to wait until nightfall to take care of the needs of a bride or to take care of the needs of a deceased person [- e.g.], to bring a coffin or shrouds.
[When involved in these matters,] one may tell [a colleague,] "Go to.... If you don't find [the required object] there, bring it from...." "If you can't find it at one hundred, bring it [even] at two hundred." [This is permitted] as long as one does not mention the [maximum] sum he is willing to pay.25Our translation is based on the commentary of the Maggid Mishneh, which is quoted by the Shulchan Aruch (Orach Chayim 306:3).
[The rationale for] all these and similar [leniencies] is that [they concern] a mitzvah. And the [verse from which the prohibitions against mundane activity is derived] states, "pursuing your desires." "Your desires" are forbidden; God's desires are permitted.
הלכה ו
מַפְלִיגִין בַּיָּם הַגָּדוֹל בְּעֶרֶב שַׁבָּת לִדְבַר מִצְוָה וּפוֹסֵק עִמּוֹ לִשְׁבֹּת וְאֵינוֹ שׁוֹבֵת. וּמְפִירִין נְדָרִים בְּשַׁבָּת בֵּין לְצֹרֶךְ שַׁבָּת בֵּין שֶׁלֹּא לְצֹרֶךְ שַׁבָּת. וְנִשְׁאָלִין לְחָכָם עַל הַנְּדָרִים שֶׁהֵן לְצֹרֶךְ הַשַּׁבָּת וּמַתִּירִין אַף עַל פִּי שֶׁהָיָה לָהֶן פְּנַאי לְהַתִּירָן קֹדֶם הַשַּׁבָּת שֶׁדְּבָרִים אֵלּוּ מִצְוָה הֵן:
כסף משנה
6.
One may set out on a ship on the Mediterranean Sea on Friday for the sake of the fulfillment of a mitzvah.26As the Rambam mentions in Chapter 30, Halachah 13, generally one is not allowed to set out on a sea journey less than three days before the Sabbath so that one will have already acclimated oneself to the travails of sea travel by the Sabbath. Nevertheless, because of the person's involvement in the performance of a mitzvah, this restriction is waived. One [must] make an agreement with [the captain] to halt [the journey] on the Sabbath. If, [however,] he does not halt [the journey, it is of no consequence].27The later authorities maintain that particularly because a mitzvah is involved, if the gentile does not agree to halt the journey at the outset, one need not refrain from traveling with him (Mishnah Berurah 248:2).We may nullify28The Torah gives a husband and a father the right to nullify vows made by his wife and daughter. (See Numbers, Chapter 30.) vows on the Sabbath, both vows that must be nullified for the sake of the Sabbath and vows whose nullification is not related to the Sabbath.29The reason that all vows may be nullified on the Sabbath is that a vow can be nullified by a husband or father only on the day that he hears it. Therefore, if he were not able to nullify it on the Sabbath, he would never be able to nullify it in the future. To preserve this right, our Sages did not forbid nullifying vows on the Sabbath (Maggid Mishneh). One may ask a wise man to absolve [a person] of a vow if this is necessary for the sake of the Sabbath.30In this instance, only the vows that are necessary to be absolved for the sake of the Sabbath may be absolved on the Sabbath, since there is nothing preventing one from absolving the other vows on the following day (Maggid Mishneh).This is possible despite the fact that the person had the opportunity to have [himself] absolved [of the vow] before the Sabbath. [This license is granted] because all of the above matters concern a mitzvah.
הלכה ז
אֵין עוֹנְשִׁין בְּשַׁבָּת אַף עַל פִּי שֶׁהָעֹנֶשׁ מִצְוַת עֲשֵׂה אֵינָהּ דּוֹחָה שַׁבָּת. כֵּיצַד. הֲרֵי שֶׁנִּתְחַיֵּב בְּבֵית דִּין מַלְקוֹת אוֹ מִיתָה אֵין מַלְקִין אוֹתוֹ וְאֵין מְמִיתִין אוֹתוֹ בְּשַׁבָּת שֶׁנֶּאֱמַר (שמות לה ג) "לֹא תְבַעֲרוּ אֵשׁ בְּכל משְׁבֹתֵיכֶם בְּיוֹם הַשַּׁבָּת" זוֹ אַזְהָרָה לְבֵית דִּין שֶׁלֹּא יִשְׂרְפוּ בְּשַׁבָּת מִי שֶׁנִּתְחַיֵּב שְׂרֵפָה וְהוּא הַדִּין לִשְׁאָר עֳנָשִׁין:
כסף משנה
7.
Punishments may not be administered [by the court] on the Sabbath. Although [administering] punishment fulfills a positive command [of the Torah], the observance of a positive commandment does not supersede [the observance of] the Sabbath [laws].What is implied? A person who was sentenced to be lashed or executed by [the court] should not be lashed or executed on the Sabbath, as [Exodus 35:3] states: "Do not kindle a fire in all of your dwellings on the Sabbath."31Sefer HaMitzvot (Negative Commandment 322) and Sefer HaChinuch (Mitzvah 114) count this commandment as one of the 613 mitzvot of the Torah.
Note the Magen Avraham 339:3, which questions the Rambam's statements, asking why lashes that do not involve the violation of the Sabbath laws ares included in this prohibition. He explains that it is inevitable that the administration of lashes will result in bleeding.
Alternatively, the commandment teaches us that no cases of this nature may be judged on the Sabbath. The Minchat Chinuch (Mitzvah 114) favors this answer, for it also resolves another problem: Why is this restriction given the status of a separate mitzvah? Since the principle that the observance of a positive commandment does not supersede the observance of the Sabbath laws is already known, why is it necessary for the Torah to give us this commandment? This [verse serves as] a warning to the court not to [execute a person by] burning on the Sabbath. The same principle applies regarding other punishments [administered by the court].32In his gloss on the Mishneh Torah, Rabbi Akiva Eiger notes that there is a principle that a person who refrains from performing a positive commandment should be beaten until he agrees to perform it. Since these blows are not given as punishment, but rather as a prod to motivate the person to observe the commandments, they may be administered on the Sabbath.
הלכה ח
מֻתָּר לְאָדָם לִשְׁמֹר פֵּרוֹתָיו בְּשַׁבָּת בֵּין תְּלוּשִׁים בֵּין מְחֻבָּרִין. וְאִם בָּא אָדָם לִטּל מֵהֶן אוֹ בְּהֵמָה וְחַיָּה לֶאֱכל מֵהֶן גּוֹעֵר בָּהֶן וּמַכֶּה בָּהֶם וּמַרְחִיקָן. וַהֲלֹא דָּבָר זֶה מֵחֲפָצָיו הוּא וְלָמָּה הוּא מֻתָּר. מִפְּנֵי שֶׁלֹּא נֶאֱסַר אֶלָּא לְהַקְנוֹת לְעַצְמוֹ חֲפָצִים שֶׁאֵינָן עַתָּה מְצוּיִים אוֹ לְהִשְׂתַּכֵּר וּלְהַרְוִיחַ וּלְהִטָּפֵל בַּהֲנָאָה שֶׁתָּבוֹא לְיָדוֹ. אֲבָל לִשְׁמֹר מָמוֹנוֹ שֶׁכְּבָר בָּא לְיָדוֹ עַד שֶׁיַּעֲמֹד כְּמוֹת שֶׁהוּא מֻתָּר. הָא לְמָה זֶה דּוֹמֶה לְנוֹעֵל בֵּיתוֹ מִפְּנֵי הַגַּנָּבִים:
כסף משנה
8.
A person is permitted to guard his produce on the Sabbath regardless of whether it is detached from the earth or not. If another person comes to take it, or an animal or a wild beast comes to eat it, he may shout at them and beat them to drive them away.[One might ask:] This involves tending to one's own concerns. Why is it permitted? Because33The Maggid Mishneh states that this explanation is an original thought developed by the Rambam. one is prohibited only against acquiring new property that one does not possess, earning a wage, making a profit, or seeking to accrue [new] benefits. It is, however, permitted for a person to protect the interests that he already possesses. To what can this be compared? To locking one's house [to prevent] thieves [from entering].
הלכה ט
הַמְשַׁמֵּר זְרָעָיו מִפְּנֵי הָעוֹפוֹת וּמִקְשָׁאָיו וּמִדְלָעָיו מִפְּנֵי הַחַיָּה לֹא יְסַפֵּק וְלֹא יְרַקֵּד כְּדֶרֶךְ שֶׁעוֹשֶׂה בְּחל גְּזֵרָה שֶׁמָּא יִטּל צְרוֹר וְיִזְרֹק אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים:
כסף משנה
9.
A person who protects his grains from birds or who protects his cucumbers and squash from beasts should not clap his hands and dance as he does during the week. [This is] a decree, [instituted] lest one pick up a pebble and throw it four cubits in the public domain.34The Tzafenat Paneach notes that when considering the minimum size of a pebble one is liable for carrying, Shabbat 81a mentions two opinions: a pebble large enough to throw at an animal and a pebble large enough to throw at a bird. He questions why in Chapter 18, Halachah 11, the Rambam follows the opinion that requires a pebble large enough to throw at an animal, when in this halachah the Rambam mentions a purpose to be served by a pebble large enough to scare away a bird.In resolution, the Tzafenat Paneach explains that a pebble large enough to scare away a bird can serve a purpose as mentioned in this halachah. Nevertheless, as stated in Shabbat 79a, a person will not take the trouble of carrying an article that is tiny. Hence, the minimum measure for which one is liable for carrying must be more substantial.
הלכה י
כָּל הַדְּבָרִים שֶׁהֵן אֲסוּרִין מִשּׁוּם שְׁבוּת לֹא גָּזְרוּ עֲלֵיהֶן בֵּין הַשְּׁמָשׁוֹת אֶלָּא בְּעַצְמוֹ שֶׁל יוֹם הוּא שֶׁהֵן אֲסוּרִין אֲבָל בֵּין הַשְּׁמָשׁוֹת מֻתָּרִין. וְהוּא שֶׁיִּהְיֶה שָׁם דְּבַר מִצְוָה אוֹ דֹּחַק. כֵּיצַד. מֻתָּר לוֹ בֵּין הַשְּׁמָשׁוֹת לַעֲלוֹת בָּאִילָן אוֹ לָשׁוּט עַל פְּנֵי הַמַּיִם לְהָבִיא לוּלָב אוֹ שׁוֹפָר. וְכֵן מוֹרִיד מִן הָאִילָן אוֹ מוֹצִיא מִן הַכַּרְמְלִית עֵרוּב שֶׁעָשָׂה. וְכֵן אִם הָיָה טָרוּד וְנֶחְפָּז וְנִצְרָךְ לְדָבָר שֶׁהוּא מִשּׁוּם שְׁבוּת בֵּין הַשְּׁמָשׁוֹת הֲרֵי זֶה מֻתָּר. אֲבָל אִם לֹא הָיָה שָׁם דֹּחַק וְלֹא דְּבַר מִצְוָה אָסוּר. לְפִיכָךְ אֵין מְעַשְּׂרִין אֶת הַוַּדַּאי בֵּין הַשְּׁמָשׁוֹת אַף עַל פִּי שֶׁאִסּוּר הַפְרָשַׁת הַמַּעֲשֵׂר בְּשַׁבָּת מִשּׁוּם שְׁבוּת. אֲבָל מְעַשְּׂרִים אֶת הַדְּמַאי:
כסף משנה
10.
All the actions that are forbidden as [part of the category of] sh'vut are not forbidden beyn hash'mashot,35Note the Mishnah Berurah 342:1, which states that this applies only when a person has not accepted the Sabbath. If, however, the person or the community in which he is living has accepted the Sabbath, these activities are forbidden even if a mitzvah is involved.[between sunset and the appearance of the stars].36See Chapter 5, Halachah 4, which states that, "There is a doubt whether beyn hash'mashot is considered as part of the day or as part of the night." Although, as mentioned there, we act stringently regarding the observance of Torah prohibitions during this time, certain leniencies are granted regarding Rabbinic prohibitions, as the Rambam explains. They are forbidden only on the Sabbath itself, and they are permitted during beyn hash'mashot,37See S'deh Chemed (K'lalim, Pe'at HaSadeh 2:2) and others, who question whether or not the leniencies mentioned by the Rambam apply both beyn hash'mashot on Friday and beyn hash'mashot on Saturday. There is room to differentiate between them, because during beyn hash'mashot on Friday, the prohibition against these activities has not yet taken effect. On Saturday evening, by contrast, since the prohibitions have been in effect throughout the Sabbath, one might think that they need not be relaxed until the Sabbath has definitely concluded. Shulchan Aruch HaRav 342:1 rules that one may follow the more lenient view. See also the Be'ur Halachah 342 who mentions this issue. provided that [the activity] is necessary because of a mitzvah or a pressing matter.38Significantly, most manuscript copies of the Rambam's Commentary on the Mishnah (Eruvin 3:3) state that the prohibitions in the category of sh'vut do not apply during beyn hash'mashot, without mentioning the qualification that the matter must be pressing or involve a mitzvah. In one of his responsa (Birkat Avraham, Responsum 14), Rabbenu Avraham, the Rambam's son, explains that the Rambam changed his perspective when composing the Mishneh Torah and adopted a more stringent view than he had originally held.What is implied? During beyn hash'mashot it is permitted to climb a tree39This is forbidden as a sh'vut, as stated in Chapter 21, Halachah 6. or to swim across water40This is forbidden as a sh'vut, as stated in Chapter 23, Halachah 5. to bring a lulav or a shofar. Similarly, one may take an eruv that one has made down from a tree or out from a carmelit.41This refers to an eruv t'chumim (which allows a person to extend his Sabbath boundary), as stated in Hilchot Eruvin 6:9-10. Hilchot Eruvin 6:13, the Rambam states that during beyn hash'mashot, only an eruv chatzerot (which allows a person to carry in an enclosed area) may be made, but not an eruv t'chumim). The present ruling does not, however, represent a change of opinion. It is referring to an instance where the eruv was made before the commencement of the Sabbath, and the person merely desired to move it on the Sabbth.
Similarly, if one is concerned, anxious, and pressed concerning a matter, [an activity forbidden as] a sh'vut is permitted during beyn hash'mashot. If, however, the matter is not pressing, nor does it concern a mitzvah, it is forbidden. Therefore, one may not tithe produce that definitely has not been tithed,42Note the Birkat Avraham, loc. cit.,, which states that, even though tithing is itself a mitzvah, there is no obligation to tithe at a particular time. Here, the intent is that carrying out the activity beyn hash'mashot will allow the performance of a mitzvah that could not otherwise be performed. If that is true regarding tithing produce that definitely has not been tithed - e.g., to provide one with food for the Sabbath - one may separate tithes beyn hash'mashot. although the prohibition against tithing produce on the Sabbath was instituted as a sh'vut.43As mentioned in Chapter 23, Halachot 9 and 14. One may, however, tithe produce of which one is unsure whether or not it has been tithed.44See Chapter 23, Halachah 15. Although tithing this produce involves a shvut and there is no mitzvah involved, this tithing is permitted, because the prohibition against using the produce is not that severe.
הלכה יא
קָטָן שֶׁעָשָׂה בְּשַׁבָּת דָּבָר שֶׁהוּא מִשּׁוּם שְׁבוּת כְּגוֹן שֶׁתָּלַשׁ מֵעָצִיץ שֶׁאֵינוֹ נָקוּב אוֹ טִלְטֵל בְּכַרְמְלִית אֵין בֵּית דִּין מְצֻוִּין לְהַפְרִישׁוֹ. וְכֵן אִם הִנִּיחוֹ אָבִיו אֵין מְמַחִין בְּיָדוֹ:
כסף משנה
11.
When a minor performs an activity on the Sabbath that is forbidden as a sh'vut - e.g., he plucks from [a plant growing in] a flower pot that does not have a hole, or he carries in a carmelit - the court is not obligated to prevent him from doing so. Similarly, if his father allows him to act in this manner, [the father] need not be rebuked.45The Rambam's rulings here have aroused the attention of the commentaries. To understand his perspective, it is worthy to quote Chapter 12, Halachah 7:Should a child desire to extinguish [a fire], he should not be allowed if he is acting on his father's behalf. If he is acting on his own initiative, the court is not obligated to restrain him.
Relevant concepts are also reflected in the Rambam's rulings, Hilchot Ma'achalot Asurot 17:27- 28:
[When] a minor eats a forbidden food or performs a [forbidden] labor on the Sabbath, the court is not obligated to restrain him, for he is not of intellectual maturity.
When does the above apply? When [the child] acts on his own initiative. We may not, however, feed him [forbidden food] ourselves. This applies even to foods that are forbidden because of Rabbinic decree. Similarly, it is forbidden to accustom him to desecrating the Sabbath, even regarding matters that are forbidden as a sh'vut.
Although the court is not obligated to restrain a child [from eating forbidden foods], the [child's] father is obligated to rebuke him... to train him [to conduct himself] in a holy manner.
According to the Rambam, the court is never obligated to restrain a child from performing a prohibited act, regardless of whether it originates from the Torah itself, or from Rabbinic decree. The child's father, however, is obligated to educate him. If the father fails to do so, the court should rebuke the father if he allows his child to violate prohibitions that stem from the Torah. If, however, the prohibitions stem from Rabbinic law, the court is not obligated to rebuke the father.
This explanation of the Rambam's approach is based on the statements of Rav Yosef Karo in the Kessef Mishneh and on his rulings in the Shulchan Aruch (Orach Chayim 343:1). The Ramah (based on Tosafot, Shabbat 121a) introduces a different perspective: that when a child has reached an age when it is fit to educate him in the performance of the mitzvot, the obligation to educate him falls on the court as well. Therefore, they are obligated to restrain him from transgressing Jewish law.
הלכה יב
אָסְרוּ חֲכָמִים לְטַלְטֵל מִקְצָת דְּבָרִים בְּשַׁבָּת כְּדֶרֶךְ שֶׁהוּא עוֹשֶׂה בְּחל. וּמִפְּנֵי מָה נָגְעוּ בְּאִסּוּר זֶה. אָמְרוּ וּמָה אִם הִזְהִירוּ נְבִיאִים וְצִוּוּ שֶׁלֹּא יִהְיֶה הִלּוּכְךָ בְּשַׁבָּת כְּהִלּוּכְךָ בְּחל וְלֹא שִׂיחַת הַשַּׁבָּת כְּשִׂיחַת החֹל שֶׁנֶּאֱמַר (ישעיה נח יג) "וְדַבֵּר דָּבָר" קַל וָחֹמֶר שֶׁלֹּא יִהְיֶה טִלְטוּל בְּשַׁבָּת כְּטִלְטוּל בְּחל כְּדֵי שֶׁלֹּא יִהְיֶה כְּיוֹם חֹל בְּעֵינָיו וְיָבוֹא לְהַגְבִּיהַּ וּלְתַקֵּן כֵּלִים מִפִּנָּה לְפִנָּה אוֹ מִבַּיִת לְבַיִת אוֹ לְהַצְנִיעַ אֲבָנִים וְכַיּוֹצֵא בָּהֶן שֶׁהֲרֵי הוּא בָּטֵל וְיוֹשֵׁב בְּבֵיתוֹ וִיבַקֵּשׁ דָּבָר שֶׁיִּתְעַסֵּק בּוֹ וְנִמְצָא שֶׁלֹּא שָׁבַת וּבִטֵּל הַטַּעַם שֶׁנֶּאֱמַר בְּתוֹרָה (שמות כב יב) (דברים ה יג) "לְמַעַן יָנוּחַ":
כסף משנה
12.
The Sages forbade the carrying of certain objects on the Sabbath in the same manner as [one carries] during the week. Why was this prohibition instituted?46In this and in the following halachah, the Rambam sets the conceptual basis for the prohibitions described as muktzeh. The particular laws that result from these principles are described in the following two chapters. [Our Sages] said: If the prophets warned that the manner in which a person walks on the Sabbath should not resemble the manner in which he walks during the week, and similarly, one's conversation on the Sabbath should not resemble one's conversation during the week, as it is written, "[refraining from]... speaking about [mundane] matters," surely the manner in which one carries on the Sabbath should not resemble the manner in which one carries during the week.In this manner, no one will regard [the Sabbath] as an ordinary weekday and lift up and repair articles, [carrying them] from room to room, or from house to house, or set aside stones and the like. [These restrictions are necessary] for since the person is idle and sitting at home, [it is likely that] he will seek something with which to occupy himself. Thus, he will not have ceased activity and will have negated the motivating principle for the Torah's commandment [Deuteronomy 5:14], "Thus... will rest."47See the notes on the beginning of Chapter 21, which use this halachah as a support for the principle that the positive commandment to rest on the Sabbath is more than just a restatement of the negative commandment not to perform forbidden labor.
הלכה יג
וְעוֹד כְּשֶׁיְּבַקֵּר וִיטַלְטֵל כֵּלִים שֶׁמְּלַאכְתָּן לְאִסּוּר אֶפְשָׁר שֶׁיִּתְעַסֵּק בָּהֶן מְעַט וְיָבֹא לִידֵי מְלָאכָה. וְעוֹד מִפְּנֵי שֶׁמִּקְצָת הָעָם אֵינָם בַּעֲלֵי אֻמָּנֻיּוֹת אֶלָּא בְּטֵלִין כָּל יְמֵיהֶן כְּגוֹן הַטַּיָּלִין וְיוֹשְׁבֵי קְרָנוֹת שֶׁכָּל יְמֵיהֶן הֵן שׁוֹבְתִים מִמְּלָאכָה וְאִם יִהְיֶה מֻתָּר לְהַלֵּךְ וּלְדַבֵּר וּלְטַלְטֵל כִּשְׁאָר הַיָּמִים נִמְצָא שֶׁלֹּא שָׁבַת שְׁבִיתָה הַנִּכֶּרֶת. לְפִיכָךְ שְׁבִיתָה מִדְּבָרִים אֵלּוּ הִיא שְׁבִיתָה הַשָּׁוָה בְּכָל אָדָם. וּמִפְּנֵי דְּבָרִים אֵלּוּ נָגְעוּ בְּאִסּוּר הַטִּלְטוּל. וְאָסְרוּ שֶׁלֹּא יְטַלְטֵל אָדָם בְּשַׁבָּת אֶלָּא כֵּלִים הַצָּרִיךְ לָהֶם כְּמוֹ שֶׁיִּתְבָּאֵר:
כסף משנה
13.
Furthermore, when one searches for and carries articles that are used for a forbidden activity, it is possible that one will use them and thus be motivated to perform a [forbidden] labor.[Another reason for this prohibition is] that there are some people who are not craftsmen and are always idle - e.g., tourists and those that stand on the street corners. These individuals never perform labor. Were they to be allowed to walk, talk, and carry as they do during the week, the result would be that their cessation of activity on [the Sabbath] would not be discernible. For this reason, [our Sages instituted] refraining from such activities,48Walking, talking, and carrying. for the cessation of such activities is universally applicable.
These are the reasons for the restrictions against carrying [objects].49The three reasons mentioned by the Rambam are the product of his own original thought. The Ra'avad notes that the Talmud (Shabbat 124b) mentions a further reason: lest one come to carry articles from one domain to another.
The Maggid Mishneh explains that the Rambam did not intend to negate the reason mentioned by the Talmud. Nevertheless, as Shabbat 123b mentions, the prohibition originally instituted was partially relaxed. The reasons why it was not relaxed entirely are stated by the Rambam. The Sages forbade a person from carrying on the Sabbath, with the exception of articles that he requires, as will be explained.50The Rambam's wording implies that it is forbidden for a person to carry an article unless his act is purposeful. (See Chapter 25, Halachah 3 regarding which purposes are acceptable.) One may not carry a utensil, even one that is used for a permitted activity, without a purpose. (See also the gloss of the Maggid Mishneh on that halachah.)