web analytics
January 26, 2015 / 6 Shevat, 5775
 
At a Glance
Judaism
Sponsored Post


Daf Yomi

Daf-Yomi-logo

Just Like Carrying In A Karmelis
‘Tithing When Night Falls’
(Eruvin 36a)

Rabbi Akiva Eiger’s brother, Rabbi Bunim, sent him the following question: Is it permitted to draw up a deed of sale before Shabbos with the stipulation that the transaction take effect on Shabbos? The question is similar to the one regarding automatic vending machines owned by Jews and patronized by gentiles on Shabbos. Both questions revolve around the same issue: Does the prohibition against conducting business on Shabbos extend to transactions that occur automatically?

Melachos That Are Begun On Erev Shabbos

The Gemara states that in most cases it is permitted to begin a melachah on erev Shabbos even though that melachah will be completed on Shabbos. For example, one may soak fabric in dye on erev Shabbos and allow it to continue soaking on Shabbos. Similarly, traps may be set on erev Shabbos even though they may spring on their prey on Shabbos (Shabbos 18a). Although a person is forbidden to work on Shabbos, there is no prohibition against letting one’s possessions work.

The Avnei Nezer (O.C. 51) explains that this might not apply to business transactions, however. When a fabric is soaked in dye, it needs no further action from its owner. Even if the owner would die, G-d forbid, the fabric would continue absorbing the color. The person is therefore entirely disassociated with the continued progress of the melachah. Therefore, it is permitted to begin such a melachah on erev Shabbos.

However, a business transaction consists of two elements: an agreement and a transfer of ownership. A person can theoretically reach a business agreement on erev Shabbos with the transfer of ownership to take place on Shabbos itself. In such a scenario, if the person would die in the interim, the transaction would be null and void. He is therefore still involved in the sale, even if he doesn’t have to take any further action to carry it out. We must therefore ask: Does the prohibition of conducting business on Shabbos apply only to the agreement, or to the transfer of ownership as well?

The Maharam Shick (O.C. 131) rules that it is permitted to arrange a deal to take effect on Shabbos while Rabbi Akiva Eiger (159) postulates that it is forbidden. One of the proofs cited to permit such an arrangement stems from our sugya. As we know, it is forbidden to separate terumos and maasros on Shabbos. By separating tithes, one causes fruit to become permitted for eating. Our Sages deem this comparable to fixing a broken object, which is forbidden. Nevertheless, we find in our Gemara that one may stipulate on erev Shabbos that certain designated fruit should become terumos and maasros once Shabbos begins. Clearly, it is permitted for the tithing to take effect on Shabbos, provided that the actions to affect this consequence were completed on erev Shabbos. Presumably, the same should be true with a business transaction.

Two Halves Of The Same Person

The Avnei Nezer (ibid.) rejects this proof, explaining that as a general rule, when two people perform a melachah together, one beginning it and one concluding it, they are both exempt from punishment. If a single person begins a melachah on erev Shabbos and concludes it on Shabbos, he is also exempt from punishment based on the same principle. He performed only half the melachah on Shabbos. Although he is not punished, the act is still forbidden. Yet, concerning carrying from a karmelis – which is only a rabbinic prohibition – it is permitted to lift up an object on erev Shabbos and carry it out on Shabbos.

Tithing on Shabbos is similarly a rabbinic prohibition. That’s why a person can stipulate that the tithing of some of his fruit should take effect on Shabbos. Preparing the tithes for separation is half of the prohibition. The other half is the actual tithing. Just like carrying in a karmelis, it is permitted to perform half the rabbinic prohibition of tithing on Shabbos.

Unlike tithing, however, conducting business on Shabbos is a biblical prohibition, based on a passuk from Tanach, “If your refrain on Shabbos…from pursuing your interests” (Yeshaya 58; see Rashi, Beitza 37a). Therefore, one may not even conduct half of a business transaction on Shabbos.

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Daf Yomi”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Ilana Medar, 18, of Paris, made Aliyah last year.
Jewish Agency Planning for Massive Aliyah of 120,000 French Jews
Latest Judaism Stories
Torah-Hakehillah-121914

Rabbi Yaakov Nagen, a Ram at Yeshivat Otniel, notes that the verse is suggesting that retelling the story of the Exodus is so important that Hashem is performing ever-greater miracles specifically so that parents can tell their stories to future generations.

Parshat Bo

Before performing the 10th plague God makes a fundamental argument about the ultimate nature of justice.

Daf-Yomi-logo

Life Before The Printed Word
‘A Revi’is Of Blood’
(Yevamos 114a-b)

The-Shmuz

How is it possible that the clothing was more valuable to them than gold or silver?

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

Property ownership is an extremely important and fundamental right and principle according to the Torah.

The tenderest description of the husband/wife relationship is “re’im v’ahuvim/loving, kind friends”

And if a person can take steps to perform the mitzvah, he should do so (even if he won’t be held accountable for not performing it due to circumstances beyond his control).

Suddenly, she turns to me and says, “B’emet, I need to thank you, you made me excited to come back to Israel.”

Pesach is called “zikaron,” a Biblical term used describing an object eliciting a certain memory

Recouping $ and assets from Germans and Swiss for their Holocaust actions is rooted in the Exodus

Pharaoh perverted symbols of life (the Nile and midwives) into agents of death.

I think that we have to follow the approach of the Tannaim and Amoraim. They followed the latest scientific developments of their time.

Three years of war and the loss of one-tenth of Britain’s men is not too great a price to pay.

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

Life Before The Printed Word
‘A Revi’is Of Blood’
(Yevamos 114a-b)

Daf-Yomi-logo

Mitzvah Or Kinyan?
‘Both Shall Have Intention At The Same Time’
(Yevamos 102b)

A Kohen Of Choice
‘A Deaf-Mute, A Mentally Challenged Person, A Minor…’
(Yevamos 99b)

A Posted Picture Saves The Day
‘In Order To Avoid Igun…’
(Yevamos 88a)

Reward And Punishment
‘Masser Rishon For The levi’im’
(Yevamos 86a)

Fetal Immersion?
‘The Fetus Is A Limb Of Its Mother’
(Yevamos 78a)

No Fault Lines
‘…His Father And Mother Were In Prison…’
(Yevamos 71b)

The Daughters Are Mine, The Sons Are Mine
‘Grandchildren Are like Children’
(Yevamos 62b)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-72/2013/04/11/

Scan this QR code to visit this page online: