Shiur 8/14/18 Beitza 36b

B”H

Beitzah 36b

1- Our Mishnah categorizes different activities into three different groups and declares that the activities that are prohibited on Shabbos are prohibited on Yom Tov as well.

One of these activities is sitting down to a Din Torah. We mentioned the words of Reb Shrira Gaon that placing a suspect in a jail is prohibited on Shabbos. “And if as a result he escapes it is not our concern”. See here in the Alter Rebbe. 339, 3.

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2- The Mishnah enumerates other activities which are prohibited because they are similar to doing business. Doing business is prohibited because of two reason;

A- It may cause to write the business transactions.

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B- It is contrary to the spirit of Shabbos and Yom Tov.  ממצוא חפצך ודבר דבר.

3- We briefly touched upon the topic of selling on Shabbos when there is no involvement from the seller. Such as selling online.

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The words of Reb Akiva Eiger (159) are the source of this dialogue. He quotes the תרומת הדשן about  a bechor whose 31st day occurs on Shabbos. The פדיון הבן is performed on Sunday. But how about  giving the כהן the money for a פדיון הבן with the condition that it only takes effect on Shabbos? The TH responds that there would be a problem of when to make the ברכה.

Thank you to Danny who pointed out that we rely on the שואל ומשיב and do the same for מכירת חמץ ערב שבת.

So RAE derives from this that other than the ברכה there is no issue! Thus such business transactions, when nothing is done on Shabbos, may indeed be permitted. RAE writes much more on this topic.

4- The Mishnah concludes by saying that “there is no difference between Shabbos and Yom Tov except “אוכל נפש.  

We mentioned the saying of Reb Zushia of Anipoli who quotes a Zohar that on inviting guests on Yom Tov is more important than on Shabbos.

Thus the words of the Mishah  “there is no difference between Shabbos and Yom Tov except  אוכל נפש.” Meaning the אוכל נפש of the guest…….

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5- Another activity is קידושין. The Gemora says that when one already has two children (boy and girl) it is not such a Mitzvah. The Gemora is referring to actual marriage.

What about just kiddushin? We mentioned the famous Rambam (IB 1,2) where he writes that קידושין is a Mitzvah. The source for this remains unknown.

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The Rambam’s son writes that his father was asked this question and answered the his father meant the entire process of , קידושין ארוסין ונשואין.

6- We mentioned the רוקח that writes that the letter פ is not found in the Parsha of מעשה בראשית  signifying that on Shabbos one should not use one’s mouth to speak…

7- The Yerushalmi writes that “it is only with difficulty that the Chachomim allowed one to talk דברי תורה on Shabbos”!!!!

 

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