[117a - 36 lines; 117b - 56 lines]

1)[line 2]בסיס לדבר האסורBASIS L'DAVAR HA'ASUR

(a)The Rabbinical decree of Muktzah prohibits not only the actual Mukztah item from being moved on Shabbos, but it also prohibits moving the item on which the Muktzah rests, or its "Basis." (For example, a basket in which a stone rests may not be moved.)

(b)The item which supports the Muktzah becomes prohibited to be moved only if the following conditions are met:

1.the Muktzah is placed on it before Shabbos entered and is there for the entire duration of Bein ha'Shemashos (Shabbos 44b);

2.the Muktzah is purposely placed and left there, as opposed to being forgotten and inadvertently left there (Shabbos 142b);

3.the Muktzah is there alone and there is no other permissible (non-Muktzah) item resting there (Shabbos 142a);

4.according to Rabeinu Tam (Tosfos, Beitzah 2a), the "Basis" is only prohibited if one places the Muktzah there before Shabbos with intention to leave it there for the entire day of Shabbos.

(c)The object upon which the Muktzah is resting is prohibited to be moved only if that object is serving the purpose of supporting the Muktzah item. If, however, the Muktzah item is serving the purpose of the object upon which it is placed, then that object underneath the Muktzah is not considered a "Basis" for a forbidden object (Rashi 49a, DH Notel). (For example, if shreds of clothing which are Muktzah are placed atop a pot in order to preserve its heat, the pot is not considered a Basis for the Muktzah, because the Muktzah is serving the purpose of the pot.)

2)[line 17]פסיק רישיה ולא ימותPESIK REISHEI V'LO YAMUS

An act which will certainly result in a forbidden Melachah being unintentionally performed on Shabbos or Yom Tov is called a Pesik Reishei v'Lo Yamus. Literally, "[can one] cut off the head [of an animal] and it will not die?"

(a)An act which is a Pesik Reshei is a type of Davar she'Eino Miskaven. A Davar she'Eino Miskavein is an act which is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which may result in a Melachah being inadvertently performed. Rebbi Yehudah prohibits performing such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted.

(b)The laws of a Davar she'Eino Miskaven (that it is permitted according to Rebbi Shimon or forbidden mid'Rabanan according to Rebbi Yehudah) apply only when it is not inevitable that a Melachah will occur as a result of one's action. However, when a Melachah will definitely occur as a result of one's action, this is a Pesik Reshei and is forbidden. (For example, if a person cut the head off of a chicken and states that he had no intention to kill the animal but he merely wanted its blood to feed to his dogs, it is considered as though he had full intention to kill the animal since it was an inevitable outcome of his act, and he is Chayav.)

Abaye (133a) initially thought that a Pesik Reshei is no different than any other Davar she'Eino Miskaven. When he heard from Rava that Rebbi Shimon agrees that a Pesik Reshei is forbidden, he retracted his opinion and agreed to Rava. Therefore, according to everyone, a Davar she'Eino Miskaven with a Pesik Reshei is forbidden.

(c)Even though the laws of a Pesik Reshei differ from a Davar she'Eino Miskaven, if the Melachah which inevitably occurs as a result of one's action is not desirable to him, he will not be Chayav according to Rebbi Shimon, because it is no worse than a Melachah she'Einah Tzerichah l'Gufah (103a, Tosfos). Some maintain that such a Pesik Reshei is permissible even l'Chatchilah to perform on Shabbos according to Rebbi Shimon, and it is like any other Davar she'Eino Miskaven (Aruch, cited in Tosfos 103a; see Insights to Shabbos 110:1).

If the person is pleased with the Melachah that results inevitably from his action, then it is a Pesik Reshei for which everyone (Rebbi Shimon and Rebbi Yehudah alike) agrees that he is Chayav and he must bring a Korban Chatas (as stated earlier (b)).

3)[line 18]ברזיBIRZEI- small pieces [of hide]

4)[line 21]לחיין/קורהLECHAYAYIN/KORAH

(a)Although according to Torah law a Mavoy (an alley that is walled on three sides which opens into a public thoroughfare and has courtyards that open into it) is a Reshus ha'Yachid, the Chachamim prohibited carrying objects in a Mavoy a distance of four Amos or more. This decree was enacted because a Mavoy is in some ways similar to a Reshus ha'Rabim, since many families make use of a single Mavoy.

(b)To permit carrying within a Mavoy, a Lechi or Korah (as described below) must be placed at the entrance to the Mavoy. The Lechi or Korah serves to set apart the Mavoy from Reshus ha'Rabim. In addition, the courtyards which open into the Mavoy must make a Shitufei Mavo'os before Shabbos begins in order to permit carrying within the Mavoy (see Background to Shabbos 6:11b).

(c)A Lechi is a pole, plank, or other object that is at least ten Tefachim high, which is stood vertically along one of the walls at the open end of the Mavoy. A Lechi is viewed as though it is a Mechitzah (an entire fourth wall across the open end of the Mavoy), setting the Mavoy apart from the adjacent Reshus ha'Rabim and making it a full-fledged Reshus ha'Yachid. Others maintain that a Lechi serves not as a Mechitzah but only as a Heker (sign) to the people who live in the Mavoy, signaling the end of the Reshus ha'Yachid of the Mavoy and reminding them not to transfer objects from the Mavoy to the adjacent Reshus ha'Rabim. (Eruvin 5a, 15a)

(d)A Korah is a beam, one or more Tefachim thick, which is rested horizontally across the top of the open end of the Mavoy. The Korah, too, serves as a Mechitzah or as a Heker, as described above (c). (See Insights to Eruvin 2a, and Eruvin Graphic #1.)

117b----------------------------------------117b

5)[line 13]בהולBAHUL- anxious and excited

6)[line 17]יקלוטYIKLOT- catch the flow of wine from midair

7)[line 17]יצרףYETZAREF- hold the utensil next to the edge of the roof so that the wine can flow into it

8)[line 24]מערימיןMA'ARIMIN- act with subtlety, to get around a law by an artifice

9)[line 27]אותו ואת בנוOSO V'ES BENO

(a)It is forbidden to slaughter a cow, female sheep or female goat and her offspring on the same day, as it states in Vayikra 22:28, "v'Shor O Seh, Oso v'Es Beno Lo Sishchatu b'Yom Echad." The person who slaughters the second animal in front of two witnesses, after having received a proper warning, is punished with Malkus (lashes).

(b)At certain times of year (as enumerated in the Mishnah, Chulin 83a), it is assumed that one who buys an animal buys it in order to slaughter it immediately and use its meat. Therefore, the seller must inform the buyer if he sold the animal's mother (or offspring) on that day, so that the buyer will not transgress the prohibition of slaughtering the offspring (or the mother) on the same day that the mother (or the offspring) was slaughtered.

(c)There is an argument between the sages (Chulin 78b) as to whether Oso v'Es Beno also applies to an animal and its father (Chananyah) or whether it only applies to an animal and its mother (Rabanan; the Halachah follows this opinion).

10)[line 29]עושה לו פרנסהOSEH LO PARNASAH- he provides it with sustenance

11)[line 39]פת הדראהPAS HADRA'AH- bread made from coarse flour; black bread

12)[line 43]שכח פת בתנורSHACHACH PAS B'TANUR- [if a person affixed a pita dough to the wall of an oven and] forgot to take the pita out of the oven before Shabbos

13)[line 44]וכשהוא רודהKESHE'HU RODEH- when he peels the pita off the wall of the oven

14)[line 45]לא ירדה במרדהLO YIRDEH B'MARDEH- he may not peel it off with a baker's shovel (which is made specifically for that purpose)

15)[line 47]להוצאת שבתL'HOTZA'AS SHABBOS- to make his purchases and preparations for Shabbos

16)[line 51]הוה בצע אכולה שירותיהHAVAH BATZA A'KULAH SHEIRUSEI- would cut a slice which was sufficient for the entire meal

17)[line 52]כי מיקלע להו ריפתא דעירובאKI MIKLA LEHU RIFTA D'EIRUVA- when the bread used for Eruvei Chatzeiros (see Background to Shabbos 101:13a,b) would be placed in their houses

18)[line 53]שרו עילויהSHARU ILAVEI- they would begin [the final Shabbos meal by reciting the blessing of ha'Motzi] on it

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