1)

FIXING A BROKEN OR DISLOCATED BONE ON SHABBOS

(a)

(Mishnah): One may not reset a broken bone.

(b)

(Rav Chana Bagdata'ah citing Shmuel): [The correct text of the Mishnah, and] the Halachah is, one may return a broken bone.

(c)

Rabah bar bar Chanah visited Pumbadisa; he did not go to the lecture of Rav Yehudah. Rav Yehudah told an officer to grab him by the clothes until he comes.

(d)

Rabah found Rav Yehudah teaching 'One may not return a broken bone.'

(e)

(Rabah): Rav Chana cited Shmuel to say that the Halachah is, one may return it!

(f)

Rav Yehudah: Rav Chana and Shmuel are both from Bavel, yet I (in Bavel) did not hear this until you (from Eretz Yisrael) told us - it is good that I forced you to come!

(g)

(Mishnah): If the hand or leg bone was dislocated...

(h)

Rav Avya's hand became dislocated; he was asking Rav Yosef about possible ways to return it - Rav Yosef forbade all of them. Amidst this, it snapped back into place.

(i)

Rav Yosef: Why were you asking - the Mishnah says, if the hand or leg bone was dislocated, he may not shake it in water, but he may wash normally - if it heals, this is no problem.

(j)

Rav Avya: It also forbids to reset a broken bone, yet Shmuel taught that the Halachah is, it is permitted!

(k)

Rav Yosef: Not everything is the same - we change the text only where it was taught to do so.

PEREK SHO'EL
2)

SHINUYIM TO PREVENT PERFORMING A MELACHAH ON SHABBOS

(a)

(Mishnah): Reuven may Sho'el (borrow) barrels of wine or oil from his friend, as long as he does not say 'Halveni';

(b)

Similarly, a woman may Sho'el loaves from her friend [but may not say 'Halveni'].

(c)

If the lender does not trust Reuven, Reuven leaves his Talis with him, and they calculate [the value of what was lent] after Shabbos.

(d)

Similarly, when Erev Pesach is on Shabbos one [who needs to buy Korban Pesach] leaves his Talis with the seller, and they make a calculation after Yom Tov.

(e)

(Gemara - Rava bar Rav Chanan) Question: What is the difference whether he says 'Hash'ileni' or 'Halveni'?

(f)

Answer (Abaye): If he says 'Halveni', the lender is prone to write [details of the loan; Tosfos - this connotes a loan (usually food or money) in which the same item will not be returned; Rashi it is normally a 30 day loan];

1.

If he says 'Hash'ileni', we are not concerned lest he write (normally the same item lent (usually a Kli) is returned, or it is for less than 30 days).

(g)

Question (Rava): Since during the week people are not particular, and sometimes say Hash'ileni in place of Halveni, and the lender writes, also on Shabbos we should be concerned, even if he says Hash'ileni the lender might write!

(h)

Answer (Abaye): Since on Shabbos Hash'ileni is permitted and Halveni is forbidden, his intent is clear, the lender will not write.

(i)

Question (Rava bar Rav Chanan): On Yom Tov, we do everything using the biggest Shinuy possible - why do women fill jugs [with water] normally?

(j)

Answer (Abaye): There is no feasible Shinuy!

1.

If we will say that those who use big jugs [during the week] should use small ones [on Yom Tov], this will cause extra walking [to and from the well]!

2.

If we will say that those who normally use small jugs should use big ones, this will cause them to carry a larger load!

148b----------------------------------------148b

3.

If we will require to cover the jug with a garment, [it may get wet and] they might come to squeeze!

4.

If we will require to cover it with a lid, [people will tie it on,] perhaps the rope will snap and they might come to tie!

(k)

Question (Rava bar Rav Chanan - Mishnah): On Yom Tov we may not clap hands on each other or over the heart (Rashi - on account of mourning; Tosfos - out of joy) or dance (lest one fix a musical instrument);

1.

People do this, and we do not protest!

2.

Counter-question (Abaye): Rava taught that one should not sit even with the Lechi, lest something roll away, and he will retrieve it - people set jugs down and sit there, and we do not protest!

(l)

Answer to both questions (Abaye): You must say that we are silent because [they will not listen, and] it is better that Yisraelim transgress b'Shogeg than b'Mezid!

(m)

Assumption: This only applies to a transgression mid'Rabanan, but regarding mid'Oraisa, we protest even if they will not listen.

(n)

Rejection: Mid'Oraisa, one must add to Yom Kipur (begin fasting before nightfall), yet some eat until night, and we do not protest! (Most say that the addition to the Isur Melachah of Yom Kipur [and Shabbos and Yom Tov] is also mid'Oraisa - Bi'ur Halachah 261 (Yesh Omrim). Rama - if the Torah explicitly forbids something, we protest even if they will not listen.)

3)

COLLECTING A LOAN GIVEN ON YOM TOV

(a)

(Mishnah): Similarly, a woman may Sho'el loaves from her friend.

(b)

Inference: This is forbidden on Shabbos, it is permitted on a weekday.

(c)

Suggestion: Our Mishnah is unlike Hillel!

1.

(Mishnah - Hillel): A woman may not lend a loaf to her neighbor until she sets a price for it, lest wheat will rise in price and she will [return a loaf worth more, and] transgress usury!

(d)

Rejection: It is even like Hillel - he discusses a place where they do not fix the price of bread, our Mishnah discusses a place where they do.

(e)

(Mishnah): If the lender does not trust him...

(f)

(Rav Yosef): One cannot demand payment of a loan given on Yom Tov.

(g)

(Rabah): One can demand payment.

(h)

(Rav Yosef): One cannot demand payment - if he could, people would come to write it down!

(i)

(Rabah): One can demand payment - if he could not, people would not lend, and others [who need to borrow] will not fulfill Simchas Yom Tov!

(j)

(Mishnah): If the lender does not trust Reuven, Reuven leaves his Talis with him.

(k)

Question: If one cannot demand payment, we understand why he leaves his Talis with him and makes a calculation after Shabbos;

1.

But if one can demand payment, there is no need for Reuven to leave his Talis!

(l)

Answer: The lender prefers to have collateral to avoid the bother of claiming from him in Beis Din.

(m)

Question (Rav Idi bar Avin - Mishnah): (Shemitah is Meshamet (cancels) debts owed at the end of the Shemitah year.) If Levi slaughtered a cow and divided the meat [among several buyers] on [the 30th day of Elul of Shemitah, which is usually Mekudash to be] Rosh Hashanah:

1.

If Elul was made full (the day was not Mekudash, it was Erev Rosh Hashanah, the debt was owed at the end of Shemitah), it is Meshamet;

2.

If not (the day was Rosh Hashanah, the debt began after Shemitah), it is not Meshamet.

3.

If one cannot demand payment, it is meaningless to say [in the Reisha] 'Meshamet'!

(n)

Answer: [Even though we may not do Melachah on Elul 30, lest it be Mekudash to be Rosh Hashanah,] retroactively it was not Mekudash, so the law of a loan on Yom Tov does not apply.

(o)

Question (Seifa): If not (the day was Rosh Hashanah), it is not Meshamet.

1.

This implies that one can demand payment!

(p)

Answer: No, it means that if the buyer wants to pay, the seller may accept.

(q)

Question: This implies that in the Reisha, the seller may not accept!

(r)

Answer: In the Reisha, he must say 'I Meshamet!'; in the Seifa, he need not say this;

1.

(Mishnah): If Reuven returns a debt from before Shemitah to Shimon, Shimon must say 'I Meshamet!'

2.

If Reuven says, 'Even so [I want to repay]', Shimon may take the money, for it says "V'Zeh Devar ha'Shemitah" (one must declare that he is Meshamet).

(s)

Rav Avya would take a security (when lending on Yom Tov); Rabah bar Ula would scheme [and take a security after Yom Tov - Rashi; R. Chananel - he would request a loan afterwards, then say 'I will keep this as payment for the loan of Yom Tov'].

4)

MAY ONE BE MAKDISH ON SHABBOS AND YOM TOV?

(a)

(Mishnah): Similarly, when Erev Pesach...

(b)

(R. Yochanan): One may Makdish his Korban Pesach on Shabbos and his Chagigah (a Shelamim every man must offer on each festival) on Yom Tov.

(c)

Support (Mishnah): Similarly, when Erev Pesach is on Shabbos one [who needs to buy an animal for Korban Pesach] leaves his Talis with the seller, and they make a calculation after Yom Tov.

(d)

Rejection: The case is, the Korban was Hukdash before Shabbos, the buyer was merely Nimneh (bought a share of the meat; all the owners fulfill their obligation to offer Korban Pesach through this animal) on Shabbos.

(e)

Question (Mishnah): On Yom Tov, one may not buy the rights to eat part of an animal.

(f)

Answer: Here, [the case is] the buyer is regularly Nimneh on this seller's Pesach, therefore it is as if he was Nimneh from before Shabbos.

(g)

Question (R. Hoshaya's Beraisa): One may go to a shepherd he knows well, take a lamb, Makdish it and offer it for Korban Pesach.

(h)

Answer: Also there, the buyer regularly buys from the shepherd, the shepherd was Makdish the Pesach before Shabbos.

(i)

Question: The Beraisa says that he (the buyer) is Makdish it!

(j)

Answer: It is a Mid'Rabanan virtue for the buyer to declare it Hekdesh (but mid'Oraisa, this does nothing).

(k)

Question: But R. Yochanan says that the Halachah follows a Stam Mishnah!

1.

(Mishnah): On Yom Tov, one may not Makdish, Ma'arich (pledge to Hekdesh a person's Erech, an amount based on his age and gender), make Cherem (it is Hekdesh until it is given to a Kohen), or separate Terumos and Ma'aseros; all the more so these are forbidden on Shabbos.

(l)

Answer: The Mishnah refers to Korbanos without a fixed time, R. Yochanan discusses Korbanos with a fixed time.

5)

MAKING LOTTERIES ON SHABBOS

(a)

(Mishnah): One may count his guests and courses by heart, but he may not read [from a list].

(b)

One may make a lottery [to determine who gets which portion] with his sons and household at the table, as long as he does not intend to make some portions bigger than others.

(c)

We may make a lottery [among Kohanim] regarding Kodshim on Yom Tov, but not regarding the portions (this will be explained).

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