1)

ONE WHO TRANSGRESSED SHEHIYAH ON SHABBOS

(a)

Question: If one forgot and left a pot on a Kirah and it cooked on Shabbos, what is the law?

(b)

R. Chiya bar Aba did not answer; the next day, he expounded in public.

(c)

(R. Chiya bar Aba): If one cooks on Shabbos:

1.

If he was Shogeg, he may eat the food; if he was Mezid, he may not eat it (if this is like R. Meir, he discusses eating the food on Shabbos; if it is like R. Yehudah, he discusses eating it after Shabbos);

2.

If he did Shehiyah, there is no distinction (between Shogeg and Mezid).

(d)

Question: What does this mean?

(e)

Answer #1 (Rabah and Rav Yosef): In both cases, it is permitted;

1.

One who cooked b'Mezid may not eat it, for he did an action - one who did Shehiyah b'Mezid may eat it, for the cooking was not through an action;

(f)

Answer #2 (Rav Nachman bar Yitzchak): In both cases, it is forbidden;

1.

One who cooked b'Shogeg may eat it - we are not concerned lest a Yisrael cook on Shabbos, we need not decree on account of Mezid; Shehiyah is forbidden only mid'Rabanan, if it is permitted [b'Diavad] when one was Shogeg, people may come to do so b'Mezid and claim that it was b'Shogeg.

(g)

Question (Beraisa - R. Meir): If one forgot and left a pot on a Kirah and it cooked on Shabbos:

1.

If he was Shogeg, he may eat it; if he was Mezid, he may not eat it.

2.

This refers to partially cooked food - if it was fully cooked, in either case he may eat it;

3.

R. Yehudah says, water that was fully heated is permitted, for it is Mitztamek v'Ra Lo;

4.

A Tavshil that was fully cooked is forbidden, for it is Mitztamek v'Yafeh Lo.

5.

This is not difficult for Rav Nachman bar Yitzchak - the Beraisa discusses before the decree (this will be explained), R. Chiya bar Aba's law applies after the decree;

6.

But according to Rabah and Rav Yosef - if R. Chiya's law is before the decree, it is difficult why he permits Mezid; if it after the decree, it is also difficult why he permits Shogeg!

(h)

This is left difficult.

(i)

Question: What was this decree?

(j)

Answer: Rav Yehudah bar Shmuel taught, at first, the Halachah was that if one cooked on Shabbos, he may eat it; if he was Mezid, he may not eat it; the same applies to one who was Meshaheh;

1.

Many people did Shehiyah b'Mezid and said that they were Shogeg, Chachamim decreed that even if one was b'Shogeg it is forbidden.

(k)

Contradictions: R. Meir (in the Beraisa) contradicts what he said [in the Beraisa on 37A, that Beis Hillel permit only water, not a Tavshil], and so does R. Yehudah (there, he permitted Tavshil [Stam], he did not forbid Mitztamek v'Yafeh Lo)!

(l)

Answer - part 1: Here, R. Meir merely permits b'Diavad, he forbids l'Chatchilah.

(m)

Answer - part 2: There, R. Yehudah discusses a Kirah that was Garuf v'Katum - here he discusses one that was not.

(n)

Question: If one transgressed Shehiyah, is the food forbidden? (Tosfos - above [on this Daf] we concluded that it is forbidden - that refers to food that was not k'Ma'achal Ben Drusai before Shabbos, now we ask about Shehiyah of Mitztamek v'Yafeh Lo b'Shogeg, according to R. Yehudah. Alternatively, we ask about Shogeg before the decree. Rosh - here, we ask if it is forbidden only to the Meshaheh, or to his entire family.)

(o)

Answer (Shmuel bar Noson): A case occurred, R. Yosi went to Tzipori and saw that Shehiyah of water and dried eggs was done on Kiros - he did not forbid the water, he forbade the eggs.

1.

Suggestion: He forbade them [b'Diavad] that very Shabbos!

(p)

Rejection: No, he forbade them to do so l'Chatchilah the next Shabbos.

(q)

Question: This implies that dried eggs are Mitztamek v'Yafeh Lo!

(r)

Affirmation: Yes! Rav Chama bar Chanina said that he and Rebbi were once served dried eggs as small as sorb-apples, and they ate many!

2)

CONDITIONS THAT ALLOW ONE TO RETURN A POT TO THE FIRE

(a)

(Mishnah - Beis Hillel): One may return even a Tavshil.

(b)

Version #1 - Tosfos - (Rav Sheshes): According to the opinion that one may return, this is permitted [not only Erev Shabbos just before Shabbos, rather,] even on Shabbos;

(c)

Version #2 - Rashi - (Rav Sheshes): According to the opinion that one may return, this is permitted [not only at night, rather,] even on Shabbos [day - we do not say that surely it was removed without intent to return it]. (end of Version #2)

38b----------------------------------------38b

(d)

R. Oshaya also permits returning on Shabbos:

1.

R. Oshaya: I was once in front of R. Chiya in the upper story - they brought a kettle of hot water from the ground floor, mixed a cup of wine for him, and returned the water [to the Kirah], he did not comment.

(e)

(Rav Tadai): One may return only if the pot is still in his hand, not if he put it on the ground.

(f)

(R. Ami): That is Rav Tadai's opinion, but R. Chiya permits even if he put it on the ground.

(g)

(Rav Dimi or Rav Shmuel bar Yehudah): R. Elazar permits only if the pot is still in his hand, not if he put it on the ground.

(h)

(The other of Rav Dimi and Rav Shmuel bar Yehudah): R. Elazar permits even if he put it on the ground.

(i)

Version #1 (Chizkiyah): The Heter to return if it is still in his hand is only if he removed it with intent to return it.

1.

Inference: If he put it on the ground it is forbidden even if he intended to return it.

(j)

Version #2 (Chizkiyah): The Isur to return if put it on the ground is only if he removed it without intent to return it.

1.

Inference: If it is still in his hand, he may return it even if he removed it without intent to return it. (end of Version #2)

(k)

Questions (R. Yirmeyah): If he hung it on a stick, or put it on a bed, what is the law?

(l)

Question (Rav Ashi): If he transferred the water from one pot to another, what is the law?

(m)

These questions are not resolved.

3)

THE LAWS OF A TANUR

(a)

(Mishnah): (A Tanur is an oven wide at the bottom and narrow on top, it retains heat better than a Kirah.) [Even] if a Tanur was heated with straw or stubble, one may not put in or on it (all explain this the same way they explained the Reisha (36B), i.e. Shehiyah or returning);

(b)

If a Kupach (another kind of oven, it will be explained below) was heated with straw or stubble, its Halachah is like a Kirah; if it was heated with Gefes or wood, it is like a Tanur.

(c)

(Gemara - Rav Yosef): The Mishnah forbids only putting in or on a Tanur, but Semichah is permitted.

(d)

Question (Abaye - Mishnah): If a Kupach was heated with straw or stubble, its Halachah is like a Kirah; if it was heated with Gefes or wood, it is [forbidden] like a Tanur.

1.

Inference: The Seifa had to equate it to a Tanur, for regarding a Kirah it is permitted.

2.

Question: What is the case?

3.

Answer A: The Mishnah discusses putting on top of it.

i.

Question: What is the case?

ii.

Answer #1: It is not Garuf v'Katum.

4.

Rejection: If so, even regarding a Kirah it is forbidden!

5.

Answer B: The Mishnah discusses Semichah, and it equates a Kupach to a Tanur [to teach that it is forbidden]!

(e)

Answer (and defense of Answer A, and Answer #2 to Question 3:i - Rav Ada bar Ahavah): The Mishnah discusses a Kupach or Tanur that was Garuf v'Katum [and putting on top of it];

1.

The Seifa equates a Kupach to a Tanur - even if it is Garuf v'Katum, it is forbidden to put on it;

2.

This is permitted on a Kirah that is Garuf v'Katum.

(f)

Support (for Abaye - Beraisa): If a Tanur was heated with straw or stubble, it is forbidden to Somech a pot near it, there is no need to say that one may not put a pot in it, there is no need to say that these are forbidden if it was heated with Gefes or wood.

(g)

If a Kupach was heated with straw or stubble, Semichah is permitted, one may [not - some delete this from the text] put a pot in it; if it was heated with Gefes or wood, [even] Semichah is forbidden.

(h)

Question (Rav Acha brei d'Rava): If a Kupach is like a Kirah, it should be so even if it was heated with Gefes or wood; if it is like a Tanur, it should be so even if it was heated with straw or stubble!

(i)

Answer (Rav Ashi): It retains heat better than a Kirah, but not as well as a Tanur.

(j)

Question: What is the difference between a Kupach and a Kirah?

(k)

Answer (R. Yosi b'Rebbi Chanina): Only one pot can be placed on a Kupach (it is square), two pots fit on a Kirah (it is like a double Kupach).

(l)

Support (Abaye - Mishnah): If a Kirah was split along its length, it is Tehorah (each half is too narrow to hold a standard pot); if it was split widthwise, it is Teme'ah (it is now like a Kupach);

(m)

If a Kupach was split either way, it is Tehorah (it cannot hold a pot).

4)

COOKING WITH HOT ITEMS HEATED BY THE SUN OR BY FIRE

(a)

(Mishnah): One may not put an egg near a [hot] kettle in order to roast (Chachmas Mano'ach - this is called Megalgel, for a cooked egg spins nicely);

(b)

One may not wrap (Aruch; Rashi - crack an egg) in garments [heated in the sun, in order to roast];

(c)

R. Yosi permits.

(d)

One may not Matmin an egg in sand or dust of the road in order to roast;

(e)

A case occurred, people in Tiverya brought a pipe of cold water through a hot spring (cold water constantly flowed through and became heated; alternatively, it emptied into the spring, heating the cold water and tempering the heat of the spring; alternatively, they put a Kli of cold water in the spring, to bathe on Shabbos in the Kli, they would open plugs, letting hot water into the Kli);

1.

Chachamim: If this was on Shabbos, it is considered water heated on Shabbos, one may not bathe in it or drink it; if it was on Yom Tov, it is considered water heated on Yom Tov, one may not bathe in it, one may drink it.

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