1)

HOTZA'AH OF THE LIVING

[פסקא את החי במטה פטור אף על המטה: לימא מתניתין ר' נתן היא ולא רבנן דתניא] המוציא בהמה חיה ועוף לרה"ר בין חיין בין שחוטין חייב. רבי נתן אומר על שחוטין חייב ועל חיין פטור. שהחי נושא את עצמו. אמר (רבה) [רבא] אפילו תימא רבנן עד כאן לא פליגי רבנן עליה דרבי נתן אלא בבהמה חיה ועוף דמשרבטי נפשייהו אבל אדם חי דנושא את עצמו אפילו רבנן מודו: שם אמר רבי יוחנן ומודה רבי נתן בכפות א"ל רב אדא בר מתנא לאביי והא הני פרסאי דכמאן דכפיתי דמו ואמר רבי יוחנן בן בתירא ורבי נתן אמרו דבר אחד התם רמות רוחא הוא דנקיט להו דההוא פרדשכא דרתח מלכא עלויה ורהיט תלתא פרסי בכרעיה:
Translation: A Mishnah teaches that if one was Motzi a live person on a bed, he is exempt even for the bed. Is our Mishnah like R. Nasan, and unlike Chachamim? A Beraisa taught that if one was Motzi to Reshus ha'Rabim an animal or bird, alive or slaughtered, he is liable. R. Nasan says, he is liable if it was slaughtered and exempt if it was alive, for ha'Chai. Nosei Es Atzmo. No. Our Mishnah is even like Chachamim - they argue only about carrying animals and birds, which are Mesharbet themselves. They agree about carrying people. R. Yochanan said, R. Nasan agrees about a living being that was tied up. Rav Ada bar Masnah asked, Persians are as if they are tied up, and R. Yochanan taught that Ben Beseira holds like R. Nasan! Persians can walk, they are just haughty - the king got angry at a certain sergeant, and he ran 12 Mil on foot!
(a)

What is the meaning of ha'Chai. Nosei. Es Atzmo, and why is it a reason to exempt?

1.

R. Tam (Bava Metzi'a 79b): It makes itself lighter.

i.

Tosfos: This is wrong. One is liable even for a light load! It is not because two did the Melachah together - the carrier can do it by himself, but the one carried cannot!

ii.

Rav Elyashiv: Poskim infer from Tosfos that even when one of the two who did a Melachah cannot be liable (e.g. a child or animal), the one who did it is exempt.

iii.

Daf Al ha'Daf: R. Shimon Shkop (Bava Metzi'a 8) says that the exemption of two who did a Melachah is only for two people, but not for a person and an animal. A Hagahah asked that this is unlike Tosfos!

2.

Tosfos: We learn from the Mishkan. They did not carry living things in the Mishkan. The Techashim and rams walked; they wounded the Chilazon immediately, before it dies, for then its dye is clearer. (NOTE: Therefore they did not carry it; they extracted its blood immediately, where they caught it. - PF)

i.

Rav Elyashiv: One is liable for Hotza'ah of any object, even if it was not in the Mishkan. Why do we exempt for Hotza'ah of living beings? It seems that such Hotza'ah is inferior, therefore it is exempt because it was not in the Mishkan. Chachamim hold that Hotza'ah of an animal is proper Hotza'ah, for they are Mesharbet themselves and do not carry themselves. They agree that Hotza'ah of people is inferior, and exempt. R. Nasan admits about a tied or ill animal, because it cannot carry itself. (NOTE: Perhaps transporting one who can walk is not significant enough to be a Melachah - PF).

ii.

Daf Al ha'Daf: R. Chaim Berlin asked, they carried the Shamir (a worm that bores through stone) for the Mishkan! Tzitz Eliezer (13:32) answered that it was tied; they wrapped it in tufts of wool (Sotah 48b). The Chazon Ish asked, it does not say that they carried it while wrapped!

iii.

Daf Al ha'Daf: Maharsham (2:247) was unsure if electricity pertains to a Torah Isur, for there was nothing like it in the Mishkan. Rav Elyashiv (Teshuvah 2:19) asked, why is one liable for puncturing a blister in order to make an opening? Rashi. (Kesuvos 6b) says that it is due to Binyan, for we find Binyan Av in living beings - "va'Yiven Es ha'Tzela." However, we do not find Binyan like a blister opening, or making cheese, which is also liable for Binyan! It is not enough that we do not find like it in the Mishkan; carrying a living being is different, for the carried object helps.

(b)

What is the meaning of Mesharbet?

1.

Rashi: They lower themselves and make themselves heavier, to evade one who carries them. (NOTE: In Kesuvos (61b), it means to scratch. Perhaps it digs its claws into the ground. - PF)

(c)

Do Chachamim agree about carrying people? It says below (141b) about a child that Rava holds like R. Nasan!

1.

Tosfos #1: A minor is like an animal - he is Mesharbet himself.

i.

Tosfos: One may be Medaded (push, to help walk) an animal in a Chatzer, but not in Reshus ha'Rabim, and a child even in Reshus ha'Rabim (128b). Rashi. explained that we forbid an animal in Reshus ha'Rabim, lest he lift [and carry it]. This is like Chachamim, who obligate for animals, but not for people!

2.

Tosfos #2: Perhaps Rava discusses a newborn.

(d)

Why are Persians as if they are tied up?

1.

Rashi: They ride wrapped in wide garments, and they are too pampered to walk.

(e)

What did Ben Beseira teach?

1.

Rashi: He permits selling a horse to a Nochri. He does not decree lest one come to rent or lend, and the Yisrael will transgress letting his animal rest on Shabbos, for a horse is normally used for [carrying people,] a Melachah for which one is not Chayav Chatas.

i.

Rav Elyashiv: Rashi. implies that he forbids lending or renting a horse, for ha'Chai. Nosei. Es Atzmo exempts mid'Oraisa, but it is forbidden mid'Rabanan, so Shevisas Behemto applies. However, in Avodah Zarah 14b, Rashi. implies that Ben Beseira permits even lending, and there is no Isur mid'Rabanan. ie. Chachamim did not decree about Shevisas Behemto. The Bavli. (Beitzah 36b) forbids riding on an animal lest he break a branch to hit it. The Yerushalmi. (Beitzah 5:2) forbids due to Shevisas Behemto. Korban Nesan'el says that they do not argue; both reasons are needed. In a Midbar where there are no branches, it is forbidden only due to Shevisas Behemto. If he rides the animal for its benefit, e.g. to give to it to drink, Shevisas Behemto does not apply; it is forbidden only lest he break a branch. I disagree. Riding is the same, whether he intends for his benefit or its! The animal does not know that later, he will give to it to drink! I. say that concern lest he break a branch is needed in Reshus ha'Yachid, where Shevisas Behemto does not apply.

(f)

What is difficult if Ben Beseira holds like R. Nasan?

1.

Rashi: He permits selling even to Persians. They are like tied - R. Nasan agrees that one is liable for carrying a tied being!

(g)

What is the significance of the sergeant who ran 12 Mil amidst fear of the king?

1.

Ha'Boneh: People covered with pride, when their fear or downfall comes, their garments of flattery are removed, and they are left naked. This rider was covered with haughtiness and showed himself to be delicate and indulged. When he feared the king, he ran like a deer, like a disgraced person.