דף הביתשיעוריםSanhedrin

Sanhedrin 101

נושא: Sanhedrin




Sanhedrin 101

BET MIDRASH VIRTUALI
of the Rabbinical Assembly in Israel


RABIN MISHNAH STUDY GROUP

Bet Midrash Virtuali
TRACTATE SANHEDRIN, CHAPTER SEVEN, MISHNAH NINE (recap):
הַמְחַלֵּל אֶת הַשַּׁבָּת, בְּדָבָר שֶׁחַיָּבִין עַל זְדוֹנוֹ כָּרֵת וְעַל שִׁגְגָתוֹ חַטָּאת. הַמְקַלֵּל אָבִיו וְאִמּוֹ, אֵינוֹ חַיָּב, עַד שֶׁיְּקַלְּלֵם בַּשֵּׁם. קִלְּלָם בְּכִנּוּי, רַבִּי מֵאִיר מְחַיֵּב וַחֲכָמִים פּוֹטְרִין:

Desecration of Shabbat [is a capital offence] only as regards those actions whose deliberate contravention invokes excision and whose accidental contravention requires a sin-offering. One becomes guilty of cursing one's parents only by invoking the Divine Name; one who uses a surrogate Name is guilty according to Rabbi Me'ir but the rest of the sages exempt.

EXPLANATIONS (continued):

10:
In the Torah [Genesis 2:1-3] the very first Shabbat marks the complete cessation of the act of creation; it emphasizes the fact that the universe, now created, is complete and whole. It will develop, grow and expand, but there will never be another creation within the universe: all that is new in the universe is merely a development from something that was already in it, and everything derives from the prime material which extrapolates from the "Big Bang".

11:
The account of the creation in Genesis was influenced by the creation sagas of other ancient religions. But, as Professor Umberto Cassuto emphasized in his magnificent commentary to parts of Genesis, what is noteworthy is how the Torah is so very different from the other sagas. [Umberto – Moshe David – Cassuto (Italy and Eretz-Israel 1883-1951) was Professor of Bible at the Hebrew University in Jerusalem from 1939.] Where the Babylonian Enuma Elish, for example, sees the universe as having come about because of friction and killing among the various gods, the Torah emphasizes that the universe came into being by the fiat of one supreme and unique Deity; that it was created in an orderly fashion according to a preconceived plan; that it is "good" (i.e. accords with the Divine purpose); and that it is complete and whole.

12:
In his great work on Jewish religious philosophy, "The Guide for the Perplexed", Rambam [Moses Maimonides, North Africa, 12th century CE] emphasizes this last point.

Among the things on which you ought to reflect carefully is the fact that it [the Torah – SR] mentions the creation of man during the "Six Days of Creation" … It then concludes its account of the creation, saying, "And heaven and earth were completed and their entire host [Genesis 2:1]… Then it makes a new start regarding the creation of Eve from Adam … Now all the sages are unanimous in thinking that all this story occurred on "Friday" and that nothing was changed in any respect after the "Six Days of Creation"… [The Guide for the Perplexed, Part Two, Chapter 30].

13:
This is the basic meaning of the concept of Shabbat: a complete cessation of creative activity. When Israel is commanded to observe Shabbat in imitation of God – "The Seventh Day is God's Shabbat" [Exodus 20:9] – it is just this aspect that is emphasized: just as God created everything in six days and ceased on the seventh, so Israel is to engage in mundane activities for six days but to make a complete cessation of all mundane activity on the seventh [Exodus 20:8-12].

14:
We should note here that two terms are habitually mistranslated into English, and therefore generally misunderstood. God did not "rest" on His Shabbat, He "ceased", "desisted", "stopped". (In modern Hebrew the word for a workers' strike comes from the same root.) Secondly, it was not from "work" that God ceased, but from creative activity: the Torah does not use the Hebrew word for work, Avodah, but uses another term, Melakhah. When they came to interpret and elaborate on the dictates of the Torah, the sages had to address the important issue of how the term Melakhah, in the context of Shabbat, is to be defined and understood.

15:
When Moses instructs the Israelites concerning the construction of the Mishkan, the tabernacle where the Divine Presence would be felt, he juxtaposes this task with a warning not to engage in the erection of the Mishkan on Shabbat. The introduction of this caveat at this point is so remarkable that the sages saw in it two cognate ideas. In an extended passage in the book of Exodus [25:1-31:11] Moses is instructed how the Mishkan, its furniture and appurtenances are to be constructed. Chapter 32 leaves this theme completely and describes the apostasy of the Golden Calf. Thus Exodus 31:12-17 must be seen as the culmination of the instructions connected with the Mishkan:

… You must tell the Israelites that they must observe My sabbaths … You shall observe the sabbath because it is part of your sancta: anyone who desecrates it shall be put to death; anyone who does on it any creative act [Melakhah], that soul shall be excised from its people. For six days you may engage in creative activity [Melakhah]; but the seventh day is an absolute cessation sacred to God…

This juxtaposition of the observance of Shabbat with the creation of the Mishkan occurs a second time. In Exodus 35 Moses prefaces his long exposition of the intricacies of creating the Mishkan with a warning:

Moses assembled the entire community of Israel and told them: "This is what God has commanded you to do. During six days we may engage in creative activity, but the seventh day must be sacred for you – God's sacred day of absolute cessation. Anyone who engages in creative activity [Melakhah] on it will die…" [Exodus 35:1-3].

And Moses then reports to the people all the instructions he had received concerning the construction of the Mishkan.

16:
It is not surprising, therefore, that the sages saw in the construction of the Mishkan the fundamental definition of Melakhah. Any activity that had to be done in order to construct, erect and maintain the Mishkan must be understood as Melakhah, for the construction of the Mishkan was the most noble creative activity that the Israelites were to engage in. A very careful analysis of that process yielded up thirty-nine activities that may be considered Melakhah in connection with Shabbat – they and all secondary and derivative activities that stem from them or are an extrapolation of one or more of them. These thirty-nine Melakhot are detailed by the Mishnah in Tractate Shabbat, Chapter Seven, Mishnah 2. I shall not detail them here, since they are not germane to the understanding of our present Mishnah; but I shall briefly indicate their scope. It is my personal belief that they may be subsumed under three headings:

  1. Activities in connection with providing food and sustenance – eleven Melakhot that are involved with the production of bread from the moment of ploughing to the moment of baking.
  2. Activities in connection with providing shelter and warmth – twenty-seven Melakhot that are involved with the production of a primitive shelter from the trapping of an animal for its hide down to putting out the fire which has warmed us.
  3. Activities in connection with social cohesion – one Melakhah.

I repeat: the three headings above have no direct connection with the building of the Mishkan and they are therefore purely my personal observation.

17:
In his magnum opus on Halakhah, Mishneh Torah, Rambam commences his exposition of the laws of Shabbat as follows:

Cessation from Melakhah on the seventh day is a positive commandment… Anyone who does a Melakhah on that day has contravened this positive commandment and has also transgressed a negative commandment… What is one's culpability as regards Melakhah? – If the act was performed consciously and deliberately the punishment is excision; if there were witnesses present who pre-warned the transgressor he is to be stoned. If the act was done unintentionally the transgressor is to being a stipulated sin-offering… [Hilkhot Shabbat 1:1]

The purport of the Reisha of our present mishnah can now be understood:

Desecration of Shabbat [is a capital offence] only as regards those actions whose deliberate contravention invokes excision and whose accidental contravention requires a sin-offering.

In other words: Shabbat desecration is punishable by stoning only if the person has deliberately and knowingly performed one of the thirty-nine Melakhot (or a derivative of one of them) in the presence of two competent witnesses.

To be continued.




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