QUESTION: In the Mishnah, Beis Shamai prohibits the removal of a door from a vendor's closet. (The vendor stores his wares in the closet. When he wants to sell his wares, he removes the door, lays it flat on the ground, and spreads out his wares upon it (Rashi 10a, DH Terisin).) Beis Hillel permits one to remove the door and to return it to its place.

In the Gemara, Ula states that Beis Hillel permits one to return the door to its place only because the vendors would not open their shops and sell the wares if they would be prohibited from returning the door to its place after they sell their wares ("Hetiru Sofo Mishum Techilaso").

The Gemara explains that the Mishnah refers to closets that are not attached to the ground. The door of such closets can be made in one of three ways. It can be made as a flat rectangular board, it can be made with one peg protruding out of the center of one side of the board, or it can be made with two pegs protruding from two opposite sides, one at the top corner of the board and one at the bottom corner of the board.

The Gemara explains that, according to Ula, Beis Hillel permits one to return the door to its place only in the case of a door with a peg in the center (or with no peg at all, which Beis Shamai also permits), and only when the closet is used as a shop. Beis Hillel does not permit one to replace the door of a closet in one's home which is used for private purposes, because in that case the reasoning of "Hetiru Sofo Mishum Techilaso" does not apply.

In the case of a door that has two pegs protruding from the two sides, Beis Hillel prohibits replacing the door, both to closets used as shops and to closets in one's home.

RASHI explains that the reason why one is prohibited to replace a door with two pegs at the sides is because it is "Domeh l'Binyan," similar to an act of building. Even though the closet is not attached to the ground (and thus returning the door does not constitute a real act of building), it looks as though it is. TOSFOS says that it is prohibited because of a Gezeirah "Shema Yiska" -- perhaps one will secure the door in its place by nailing it in, in which case one will have transgressed the Melachah of Binyan b'Kelim. (Rashi rejects this reason because he maintains that the Isur d'Oraisa of Binyan does not apply to the construction of a utensil, even if one fastens the door or cover to the utensil very tightly. When the Gemara in various places mentions a Gezeirah of "Shema Yiska" with regard to utensils, it means that there is a Gezeirah that one might securely fasten the item in order for it to remain there permanently, in which case one transgresses not Binyan, but Makeh b'Patish, because one completes the construction of the utensil (Rashi to Shabbos 122b, DH Gezeirah, and 47a, DH Patur). In the case of the Gemara here, there is no fear that the person will fasten the door to its place permanently, because he needs to remove it in order to take out his wares and spread them out on the door, as Rashi explains (10a, DH Terisin).

In any case, according to Beis Hillel one is prohibited to return the door to its place only when it has two pegs on each side. This prohibition is only mid'Rabanan, a Gezeirah of "Shema Yiska" or "Domeh l'Binyan." Why, though, does neither concern, "Shema Yiska" or "Domeh l'Binyan," apply when the peg is in the center of one side of the door?

(a) The ROSH YOSEF (based on Rashi, end of 11b) explains that the peg in the center is not a vertical rod that protrudes from the side of the door and which is inserted into a hole in the door frame to stabilize the door. Rather, the peg is attached to the center of the board, perpendicular to the board, and the board is not a door at all but merely a utensil on which to display the vendor's wares. When the vendor is finished for the day, he picks up the board and inserts its peg into a hole in the middle of the closet's door (in order to hold the board there; the board itself, though, is not the door).

(b) The RAMBAN in Shabbos (102b) answers differently. He explains that a door with pegs on two sides can swing outward. Therefore, even if the door is tightly fastened in its place in a permanent manner, the contents of the closet still can be accessed easily by swinging open the door without removing it. In contrast, when the peg is in the center of the side of the door, the door cannot swing outward because the other half of the door (which will swing inward) is blocked by the door frame. One would not tighten such a door in place because he would then be unable to take out his merchandise.

QUESTION: In the Mishnah, Beis Hillel permits one to remove the door of a vendor's closet and to return it to its place (see previous Insight). In the Gemara, Ula states that Beis Hillel permits one to return the door to its place only because the vendors would not open their shops and sell the wares if they would be prohibited from returning the door to its place afterwards ("Hetiru Sofo Mishum Techilaso").

The Gemara explains that, according to Ula, Beis Hillel permits one to return the door to its place only in the case of a door with a peg in the center (or with no peg at all; see previous Insight), and only when the closet is used as a shop. Beis Hillel does not permit one to replace the door of a closet in one's home which is used for private purposes, because in that case the reasoning of "Hetiru Sofo Mishum Techilaso" does not apply.

In the case of a door that has two pegs protruding from the two sides, Beis Hillel prohibits replacing the door, both to closets used as shops and closets in one's home.

Even though there is no concern that one will fasten a door with one peg to the closet, Beis Hillel prohibits returning such a door to its place when the closet is in a private home because of a Gezeirah lest one mistakenly think that he may return a door that has two pegs on its sides. Beis Hillel maintains that only in the case of a closet owned by a vendor does Simchas Yom Tov permit one to return a door with one peg.

Why does Beis Hillel prohibit replacing a door which has one peg at the center, in the case of a private closet in one's home, because of a Gezeirah lest one replace a door with two pegs on its sides? Replacing a door with two pegs on its sides is prohibited only mid'Rabanan (either because of "Shema Yiska" or because of "Domeh l'Binyan"), and there is a rule that the Rabanan do not enact a Gezeirah for a pre-existing Gezeirah.

(a) The RAMBAN in Shabbos (102b) explains that when a door has two pegs on its sides, it is common for one to securely fasten the door to its place. Therefore, in this case the Rabanan indeed enacted a Gezeirah for a Gezeirah (and made an exception to the general rule that "Ein Gozrin Gezeirah l'Gezeirah") and prohibited one from returning a door with only one peg. (This is also the explanation of the ROSH YOSEF.)

(b) When there are two pegs on opposite sides of the door, one is prohibited mid'Oraisa from replacing the door even if he does not securely fasten it in place. Returning such a door is a "Meleches Uman," a professional's labor, and it constitutes the construction of a utensil, which Beis Hillel agrees is prohibited mid'Oraisa (see Shabbos 47a). (This answer may not apply according to Rashi, who seems to rule (see previous Insight) that the prohibition against making a utensil applies only when one intends for the utensil to remain with this change permanently.)

(c) The RAMBAN suggests further that Ula, who says that Beis Hillel permits one to return the door only in the case of a vendor's closet but not in the case of a closet in one's home, perhaps follows the view of Rebbi Yochanan who reversed the opinions in the Mishnah and said that Beis Shamai is the one who permits one to return the door. Accordingly, both Beis Shamai and Beis Hillel maintain that there is a prohibition mid'Oraisa of "Binyan b'Kelim." Therefore, it is appropriate to enact a Gezeirah prohibiting one from returning a door with a peg in its center lest one return a door with pegs at its sides, which indeed is forbidden mid'Oraisa because of Binyan. In the case of a vendor's closet on Yom Tov, however, Beis Shamai does not apply the Gezeirah and permits one to return a door with one peg because of Simchas Yom Tov.

According to this approach, one should be permitted to replace the door of a closet even in a house, because the Halachah follows the opinion that there is no Binyan for Kelim (not like Rebbi Yochanan). The opinions of the Mishnah are not reversed, and thus Beis Hillel permits one to return the door of a vendor's closet because there is no Binyan for Kelim. Accordingly, he also permits one to return the door of a closet even in a house.

(d) The words of the SHITAH MEKUBETZES imply that even though there is no Gezeirah of "Shema Yiska" for a door with a peg in the center, nevertheless the act of returning such a door still slightly resembles an act of Binyan. This factor combines with the need for a Gezeirah lest one return a door with two pegs at its sides. These two factors permit the Rabanan to make a Gezeirah for a Gezeirah in this case. (M. Kornfeld)