Sanhedrin 101
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BET MIDRASH VIRTUALI
of the Rabbinical Assembly in Israel
RABIN MISHNAH STUDY GROUP
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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: 12:
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: 15:
… 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:
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:
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. |