1)

PERMITTED SPEECH ON SHABBOS

ודבור מי אסור והא רב חסדא ורב המנונא דאמרי תרוייהו חשבונות של מצוה מותר לחשבן בשבת ואמר רבי אלעזר פוסקים צדקה לעניים בשבת ואמר רבי יעקב בר אידי אמר רבי יוחנן מפקחין פקוח נפש ופקוח רבים בשבת והולכין לבתי כנסיות לפקח על עסקי רבים בשבת ואמר רבי שמואל בר נחמני אמר רבי יוחנן הולכים לתיאטראות ולקרקסאות ולבסילקאות לפקח על עסקי רבים בשבת. ותנא דבי מנשה משדכין על התינוקות ליארס בשבת ועל התינוק ללמדו ספר וללמדו אומנות. אמר קרא (ישעיה נח) ממצוא חפצך ודבר דבר חפצך אסורים חפצי שמים מותרים:
Translation: Is speech forbidden on Shabbos?! Rav Chisda and Rav Hamnuna said, one may make calculations of a Mitzvah on Shabbos. And R. Elazar said, we may pledge to give Tzedakah to the poor on Shabbos. And R. Yakov Bar Idi said, we attend to issues of mortal danger on Shabbos, and go to synagogues and Batei Medrash to attend to communal concerns on Shabbos. And R. Shmuel bar Nachmani said, we go to Ti'atra'os, Karkasa'os and Basilka'os to attend to communal concerns on Shabbos. And Tana d'vei Menasheh said, we may arrange Shiduchim for children, and contract teachers to teach Torah or a trade to boys! "Mi'Mtzo Cheftzecha v'Daber Davar" - your desires are forbidden; those of Shamayim are permitted.
(a)

What was the question 'is speech forbidden'? Some speech is forbidden on Shabbos, e.g. of business, like we conclude!

1.

Tosfos: The question was, is it forbidden mid'Oraisa?! Since we permit of a Mitzvah, the Torah must permit [all speech]!

i.

Rav Elyashiv: If the Torah forbade speech not relevant to Shabbos, we would not permit for a Mitzvah. It would not override the Isur. (NOTE: Aseh Docheh Lo Sa'aseh, i.e. a Mitzvah overrides. Speech about a Mitzvah is like Hechsher (preparation for a) Mitzvah, which does not override. - PF)

(b)

Why may we pledge Tzedakah? One may not be Makdish or Ma'arich (pledge a person's Erech)!

1.

Rav Elyashiv: R. Chananel says, one may not be Makdish an item; this is like business, for it transfers to Hekdesh's Reshus. An obligation to give Tzedakah is on the person; it is not business. The Ran asked, Erchin are forbidden, even though it is mere obligation! With difficulty, we must say that since Erchin entails years of the Ne'erach and calculation, it is like business.

i.

Daf Al ha'Daf: Hagahos me'Eretz Yisrael and the Beis Yosef answered, being Ma'arich is like acquiring the person (NOTE: in a esoteric way. In revealed Torah, the Ma'arich merely obligates himself to Hekdesh; the Ne'erach is not tied to him in any way. - PF)

(c)

Why did we bring R. Elazar's teaching that we may pledge Tzedakah? We should have brought the Tosefta (16:22) - Beis Shamai forbid pledging Tzedakah, even to marry off orphans, and we do not arrange Shiduchim; Beis Hillel permit!

1.

Tosfos: It is better to bring R. Elazar's teaching, that we may pledge Tzedakah for Aniyim, and not only to marry off orphans.

(d)

What are Ti'atra'os, Karkasa'os and Basilka'os"?

1.

Etz Yosef: The Aruch says that Ti'atra'os are places where people sit above, and see jesting below, of people or vicious animals. Even today, they are called coliseums or theaters. Karkasa'os are pubs - wine is called Karsi, and the Targum of "u'Neginos Shosei Shechar" (Tehilim 69:13) is v'Zimreihon d'Azlin l'Mishtei Marvas b'Veis Karkasvan. Mosaf ha'Aruch says that in Greek and Roman, Basilka'os are palaces and great houses prepared to gather judges and officers.

(e)

Are the Shiduchim with a Kinyan?

1.

Rav Elyashiv: Yes. Even so, it is permitted

(f)

Why may one contract teachers to teach a trade to boys?

1.

Rashi: Also this is a Mitzvah. One who does not teach to him a trade, he teaches to him thievery (Kidushin 30b).

(g)

What is included in 'your desires are forbidden'?

1.

Daf Al ha'Daf: Sefer Charedim (47) forbids discussing business due to "mi'Mtzo Cheftzecha." Shulchan Aruch (306:1) forbids perusing his property to see what is needed. Chayei Adam forbids even if it is not evident, like Ramban and SMaG. Bi'ur Halachah says, even if they forbid, we rely on the Rishonim who forbid only when it is evident, for it is mid'Rabanan; so rule most Acharonim. Why does he say that it is mid'Rabanan? Tosfos forbids mid'Oraisa, and Charedim learns from a verse in Navi. Some say that what is learned from Nevi'im and Kesuvim, we are stringent about a Safek like for Torah laws!

i.

NOTE: Indeed, the Gemara forbids speech due to v'Daber Davar, and Tosfos explained that we asked, is this mid'Oraisa? We answered "mi'Mtzo Cheftzecha v'Daber Davar" - your desires are forbidden, those of Shamayim are permitted. One could explain, even if the Torah forbids Dibur, Cheftzei Shamayim are permitted. Since the verse is from Navi, it is an Asmachta. The Isur is mid'Rabanan, or was a tradition from Sinai. Tosfos (150b DH Aval) says that we could distinguish what one says about himself and it is not relevant, to what one says about others. If the Isur is mid'Oraisa, we cannot distinguish! (PF)

(h)

What is forbidden due to "v'Daber Davar"?

1.

Rashi: This forbids business and Chulin calculations.

2.

Daf Al ha'Daf: Sefer Charedim (47) forbids idle words due to "v'Daber Davar"; Tosfos agrees. The Yerushalmi says that with difficulty, Chachamim permitted greeting people on Shabbos. The Zohar calls idle words 'Chilul Shabbos.' Aruch ha'Shulchan says, Rashi explains the Yerushalmi and Vayikra Rabah, which forbid idle words, to be mere Midas Chasidus for Kevod Shabbos. Also the Rema holds like this. He permits telling stories for those who enjoy it. This would not permit an Isur! I disagree. Rema cites Terumas ha'Deshen, who permits also running and jumping for youths who enjoy this, even though "v'Chibadto" forbids them. Likewise, he holds that v'Daber Davar forbids idle words, but we permit for one who enjoys them! There is a Chiyuv to eat three meals on Shabbos, but one who enjoys fasting more, may fast (OC 288:2). (NOTE: Perhaps Rema holds that also running and jumping are 'forbidden' merely via Midas Chasidus! Seudos Shabbos are for Oneg. If one enjoys fasting, he fulfills Oneg - PF)

150b----------------------------------------150b

2)

A MIRACLE DONE FOR A CHASID

[תנו רבנן מעשה בחסיד אחד שנפרצה לו פרץ בתוך שדהו ונמלך עליה לגודרה ונזכר ששבת היתה ונמנע אותו חסיד ולא גדרה. ונעשה לו נס ועלתה בו צלף וממנה היתה פרנסתו ופרנסת אנשי ביתו:
Translation: A Beraisa taught that a case occurred in which a Chasid's fence was breached. He decided to fix the fence, then remembered that it is Shabbos - he refrained and did not fence it. A miracle occurred, a caper bush grew there. Its fruits financed him and his household.
(a)

What is the meaning of 'he refrained and did not fence it'?

1.

Piskei Rid, Me'iri: He resolved never to fence it.

i.

Maharsha: Even though thoughts are permitted, and he was Shogeg (it says that afterwards, he remembered that it is Shabbos), he refrained from fencing it after Shabbos amidst Midas Chasidus. This is why a miracle was done for him!

ii.

Rav Elyashiv, Daf Al ha'Daf citing Pesach Einayim and Chasam Sofer: The Ari Zal says that he was a Gilgul of the Mekoshesh (Tzlafchad); he returned to fix his Chilul Shabbos. His name is like Tzlaf Chad (one caper bush). Daf Al ha'Daf - Seforim ha'Kedoshim say, the Mekoshesh sinned via deed without intent. Now he fixed this via intent without deed.

2.

Eliyahu Zuta 242:1: He considered that it was fenced

3.

Iyun Yakov: Initially he planned to fence it himself, for he was poor. Every Stam Chasid is R. Yehudah ben Bava or R. Yehudah ben Ila'i. In their days, six Talmidim were covered with one garment. He retracted, and after Shabbos he spent money and hired someone else to fix it. A miracle occurred, and afterwards his income was liberal, and not minimal with pain, like beforehand.

4.

Anaf Yosef #1: He did not fence it on Shabbos. Why is he called a Chasid for this? And why does it say 'Nimlach' - what counsel did he need?! Rather, initially he knew that it is Shabbos. He intended to fence it via a Goy. Then he remembered that it is Shabbos, i.e. a Shevus (Isur mid'Rabanan) of Shabbos, and he refrained from fencing it even during the week, like the Beis Yosef (307) brings from R. Yerucham. If a Yisrael told a Goy to do Melachah on Shabbos, he may never benefit from it - this is a fine. Here, he merely intended to command a Goy; his Chasidus was to consider his intent like a deed.

5.

Anaf Yosef #2: On Shabbos he contemplated how to fence it during the week. He thought that this is permitted. Afterwards, he regretted doing so on Shabbos, and did not fence it even during the week, lest he benefit from his thought. This is primary; the Yerushalmi says so (Taz 307:14).

i.

Daf Al ha'Daf citing Divrei Yatziv (OC 1:105:3): The text in the Yerushalmi says that he intended to fix it on Motza'ei Shabbos. Before this, it said that just like Hash-m rested from his speech, so must we. Mechilta says that we must consider that our work is finished, and cease from thoughts of Melachah. "Shabbos la'Shem Elokecha" - just like He ceased from thoughts of Avodah of Shamayim and Eretz, so must we, at least for Midas Chasidus.

6.

Rav Elyashiv: If he saw this [afterwards] on a weekday, he could build [simply]. Here, it was not simple how to fix it. He thought of a whole plan how to fix it - he retracted and did not want to use the plan. Hash-m paid him for his Chasidus. Had he merely seen it and thought to fix it simply, this is not 'thought'. It is totally permitted l'Chatchilah - thoughts are permitted!

(b)

Why could he be financed from the Tzlaf tree? One may not benefit from miracles!

1.

Daf Al ha'Daf citing Giv'as ha'Levonah: One may not benefit from miracles, for it reduces his reward in the world to come. Maharsha explains that reward of a Mitzvah does not come in this world, but reward for being extra careful more than letter of the law is given in this world. Therefore, he was allowed to benefit from the miracle.