Talmud - Shabbat 3b שבת ג׳ ב׳

Rabbi Ḥiyya said to Rav, his sister’s son: Son of great men, didn’t I tell you that when Rabbi Yehuda HaNasi is involved in this tractate do not ask him questions in another tractate, as perhaps it will not be on his mind and he will be unable to answer? The dilemma that Rav asked was not related to the subject matter of the tractate which they were studying. As, had it not been for the fact that Rabbi Yehuda HaNasi is a great man, you would have shamed him, as he would have been forced to give you an answer that is not an appropriate answer.

Now, he was involved in another tractate. Nevertheless, he answered you well, as it was taught in a baraita: One who was laden with food and drink while it was still day, before Shabbat began, and, consequently, did not perform the act of lifting on Shabbat, and he carried them out into the public domain after dark on Shabbat is liable. Since, as a rule, his body is fixed in one place, moving it is considered like lifting an object, and he is liable. It is not similar to lifting his hand and moving it from place to place. Since his hand is not fixed in one place, moving it is not considered lifting.

Abaye said: It is obvious to me that the hand of a person in and of itself, when he moves it out of the domain where he is located, is considered to be neither like the public domain nor like the private domain, even if it is the hand of someone standing in one of those domains. Proof that the hand is not considered like the public domain can be derived from the ruling of the mishna with regard to the hand of the poor person. As we learned with regard to the poor person who brought his hand carrying an object that he lifted from the public domain into the private domain and the homeowner took the object from his hand; the homeowner is not liable. Apparently, the hand of the poor person is not considered part of the public domain, even though he himself is located in the public domain. Proof that it is not considered like the private domain can be derived from the ruling of the mishna with regard to the hand of the homeowner. As we learned with regard to the homeowner who moved his hand carrying an object that he lifted from the private domain into the public domain and the poor person took the object from his hand; the poor person is not liable for carrying out from a private domain.

However, Abaye raised a dilemma: What is the ruling with regard to the hand of a person with an object in it, when that person reached his hand into a different domain? Does it assume karmelit status? A karmelit is an intermediate domain established by the Sages that is neither a private nor a public domain. This dilemma is based on the fact that his hand left one domain and did not yet enter a second domain. In terms of practical halakha, the two sides of this dilemma are: Did the Sages penalize him and issue a rabbinic decree prohibiting him from bringing his hand with the object back to the domain where he is standing or not?

The Gemara says: Come and hear a resolution to this dilemma from that which we learned elsewhere, with regard to the question: What must one in the private domain do in a case where his hand was filled with fruits and he extended it outside, into the public domain? It was taught in one baraita that it is prohibited for him to bring it back into his house, and it was taught in another baraita that it is permitted for him to bring it back. Is it not with regard to this that they disagree; that the Sage in one baraita holds that his hand is like a karmelit, and the Sage in the other baraita holds that it is not like a karmelit?

The Gemara rejects this explanation: No, everyone agrees that it is like a karmelit, and yet, this is not difficult, as the difference between the baraitot can be explained in the following manner: Here, the baraita prohibiting him from bringing his hand back, is referring to a case where he took it out at a height below ten handbreadths off the ground, within the airspace of the public domain. And there, the baraita permitting him to bring his hand back, is referring to a case where he took it out at a height above ten handbreadths off the ground, outside the airspace of the public domain. Consequently, the object is considered to be neither in the public domain nor in a karmelit.

And if you wish, say instead that this baraita and that baraita are both referring to a case where he took his hand out to the public domain at a height below ten handbreadths, and his hand is not considered a karmelit. And yet, this is not difficult. As here, the baraita permitting him to bring it back, is referring to a case where he took it out while it was still day on Shabbat eve. Since he extended his hand before Shabbat and, in doing so, did nothing wrong, the Sages did not penalize him and permitted him to bring his hand back on Shabbat itself. However, there, the baraita prohibiting him from bringing it back, is referring to a case where he took it out after dark, and Shabbat had already begun. Since there is an element of prohibition involved, the Sages penalized him and prohibited him from bringing it back.

The Gemara comments that this explanation is difficult. On the contrary, the opposite is reasonable. In the case where he extended his hand while it was still day, when even were he to throw the object from his hand into the public domain, he would not incur liability to bring a sin-offering because the object was lifted from its place on a weekday, let the Sages penalize him. However, in the case where he extended his hand after dark, where were he to throw the object from his hand into the public domain, he would thereby incur liability to bring a sin-offering, let the Sages not penalize him. Were the Sages to penalize him by prohibiting him from bringing his hand back, he is liable to drop the object in the public domain, and by doing so he would violate a Torah prohibition.

And from the fact that we did not explain it that way, but preferred the contrary distinction, resolve the dilemma raised by Rav Beivai bar Abaye, whose dilemma is predicated on the same fundamental issue. As Rav Beivai bar Abaye raised the dilemma: One who unwittingly stuck bread in the oven on Shabbat, as bread was baked by sticking the dough to the sides of a heated oven, did they permit him to override a rabbinic prohibition and remove it from the oven before it bakes, i.e., before he incurs liability to bring a sin-offering for baking bread on Shabbat, or did they not permit him to do so? Removing the bread is also prohibited on Shabbat. However, its prohibition is only by rabbinic law. The fundamental dilemma is: May one violate a rabbinical prohibition in order to avoid violating a Torah prohibition or not?

Based on the above, resolve that the Sages did not permit one to do so. In resolving Abaye’s dilemma, the concern that one would likely throw the object from his hand, and thereby violate a Torah prohibition, was not taken into consideration. The one who extended his hand into the public domain was penalized by the Sages and prohibited to bring his hand back. Here too, resolve the dilemma and say that he may not remove the bread, even though he will thereby violate a Torah prohibition. The dilemma of Rav Beivai bar Abaye, which was thought to be unresolved, is thereby resolved. As a result, there is room for uncertainty whether or not the resolution of the previous dilemma, through which Rav Beivai’s dilemma would also be resolved, is valid. The Gemara rejects this difficulty: That is not difficult. It is possible that even though a resolution had not been previously found for the dilemma of Rav Beivai bar Abaye, that does not mean that it cannot be resolved And, indeed, as proof can be brought from the resolution of the other dilemma, resolve this dilemma as well.

And if you wish, say instead: Actually, do not resolve the dilemma, but, nevertheless, resolve the contradiction between the baraitot in the following manner. Here, the baraita that taught that it is permitted to bring one’s hand back is referring to a case where he extended it unwittingly. There, the baraita that taught that it is prohibited for one to bring it back is referring to a case where he took it out intentionally. When he took it out unwittingly, the Sages did not penalize him. When he took it out intentionally, the Sages penalized him and prohibited him from bringing it back.

And if you wish, say instead, in order to resolve the contradiction that this baraita and that baraita are both referring to a case where he took his hand out unwittingly. And here they disagree with regard to the question: Did the Sages penalize an unwitting offender due to an intentional offender? The Sage who prohibits him from bringing his hand back holds that they penalized an unwitting offender due to an intentional offender. Therefore, even though he took his hand out unwittingly, they penalized him and prohibited him from bringing the object back so that he would not come to do so intentionally. The Sage who permits him to bring it back holds that they did not penalize an unwitting offender due to an intentional offender. Therefore, they did not prohibit him from bringing it back.

And if you wish, say instead that, actually, they did not penalize an unwitting offender due to an intentional offender, and still, this is not difficult, and there is no contradiction. Here, the baraita that permits bringing it back, is referring to bringing it back to the same courtyard where he is standing.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Shabbat 3b explores liability for carrying objects between domains, distinguishing a fixed body position from a moving hand's uncertain legal status.