Babylonian Talmud: Tractate Shabbath

Folio 73a

Surely then the first clause [dealing with the greater severity of the Sabbath] refers to idolatry, whilst the second treats of other precepts; and how is unwitting and unintentional transgression possible? When one thought that it [heleb] was permitted fat, and ate it.¹  [While] 'this is not so with respect to the Sabbath,' viz., that he is not culpable, for if [by analogy] one intended cutting something detached but cut something attached [instead], he is not culpable.²  But Abaye [maintains:] how is an unwitting and unintentional offence meant? When one thinks that it [heleb] is spittle and swallows it.³  [While] 'which is not so in the case of the Sabbath,' where he is exempt, for if [by analogy] one intends lifting something detached but cuts something attached [to the soil], he is not culpable. But if he intends to cut something detached and cuts something attached, he is liable.

It was stated: If one intends to throw [an object] two [cubits], but throws it four,⁴  Raba said: He is not culpable; Abaye ruled: He is culpable.⁵  Raba said: He is not culpable, since he had no intention of a four [cubits'] throw. Abaye ruled, He is culpable, since he intended throwing in general. If he thinks it private ground but it is learnt to be public ground, Raba ruled: He is not culpable; Abaye said: He is culpable. Raba ruled, He is not culpable, since he had no intention of a forbidden throw. While Abaye ruled that he is culpable, since he intended throwing in general.

Now, it is necessary.⁶  For if we were informed of the first, [it might be argued] there [only] does Raba rule thus, since he did not intend [to perform] a forbidden eating, but if he intended throwing [an object] two [cubits] but throws it four, since four cannot be thrown without two,⁷  I would say that he agrees with Abaye. And if we were informed of this, [it might be argued] here [only] does Raba rule thus, since he did not intend a four [cubits'] throw; but if he thought it private ground but it was discovered to be public ground, seeing that he intended a four [cubits'] throw, I would say that he agrees with Abaye. Thus they are [all] necessary.

We learnt: The primary labours are forty less one. Now we questioned this, Why state the number? And R. Johanan answered: [To teach] that if one performs all of them in one state of unawareness, he is liable [to a sacrifice] on account of each separately. Now, as for Abaye who ruled that in such a case one is liable, this is well: for this is conceivable where one knows the interdict of the Sabbath and the interdicts of labours, but errs in respect of the standards.⁸  But according to Raba who maintained that one is not culpable [for this], how is this conceivable? [Presumably] [only] where he was conscious of the Sabbath but unaware of [the forbidden character of his] labors. Now that is well if he agrees with R. Johanan who ruled, Since he was ignorant of kareth, even if he was conscious of the negative injunction, [he is liable]:⁹  then it is possible where he knew [that his labors are prohibited on] Sabbath by a negative injunction. But if he holds with R. Simeon b. Lakish, who maintained, He must offend unwittingly in respect of both the negative injunction and kareth, then wherein did he know of the Sabbath?¹⁰  — He knew it by the law of boundaries, this being in accordance with R. Akiba.¹¹

MISHNAH. THE PRIMARY LABOURS ARE FORTY LESS ONE, [VIZ.:] SOWING,¹²  PLOUGHING, REAPING, BINDING SHEAVES, THRESHING, WINNOWING, SELECTING,¹³  GRINDING, SIFTING, KNEADING, BAKING, SHEARING WOOL, BLEACHING, HACKLING, DYEING, SPINNING, STRETCHING THE THREADS,¹⁴  THE MAKING OF TWO MESHES, WEAVING TWO THREADS, DIVIDING TWO THREADS,¹⁵  TYING [KNOTTING] AND UNTYING, SEWING TWO STITCHES, TEARING IN ORDER TO SEW TWO STITCHES,¹⁶  CAPTURING A DEER, SLAUGHTERING, OR FLAYING, OR SALTING IT,¹⁷  CURING ITS HIDE, SCRAPING IT [OF ITS HAIR], CUTTING IT UP, WRITING TWO LETTERS, ERASING IN ORDER TO WRITE TWO LETTERS [OVER THE ERASURE], BUILDING, PULLING DOWN, EXTINGUISHING, KINDLING, STRIKING WITH A HAMMER,¹⁸  [AND] CARRYING OUT FROM ONE DOMAIN TO ANOTHER: THESE ARE THE FORTY PRIMARY LABOURS LESS ONE.

1. Thus it was unwitting, because he thought it permitted fat, and unintentional, since he had no intention of eating heleb. On the present hypothesis it is regarded as unwitting but intentional only when he knows that it is heleb and eats it as such, thinking, however, that heleb is permitted.
2. Thus on this interpretation the Baraitha supports Raba.
3. It is unwitting, because he thinks it spittle, and unintentional, because he has no intention of eating at all, swallowing not being eating. But the case posited by Raba is not unintentional in Abaye's view, since he did intend to eat.
4. Four cubits in the street is the minimum distance for culpability.
5. On Raba and Abaye v. supra 72b, p. 345. n. 3.
6. For the three controversies — i.e., these two and that on 72b top — to be stated, though apparently two are superfluous, since the same principle underlies all.
7. I.e., in throwing it four cubits he did fulfil his intention.
8. In each case he intended performing less than the standard for which liability is incurred, but actually performed the full standard.
9. V. p. 329, n. 2.
10. V. p. 330, n. 3.
11. V. p. 330, nn. 5-6.
12. Lit., 'he who sows', and similarly with the others that follow.
13. By hand, the unfit food from the fit.
14. On the loom.
15. I.e., dividing the ends of the web.
16. Where it is inconvenient to sew unless one tears the cloth first, that tearing is a primary labour.
17. Sc. its skin.
18. I.e., giving the finishing blow with the hammer.

GEMARA. Why state the number? — Said R. Johanan: [To teach] that if one performs them all in one state of unawareness, he is liable on account of each separately.

SOWING AND PLOUGHING. Let us see: ploughing is done first, then let him [the Tanna] state PLOUGHING first and then SOWING? — The Tanna treats of¹  Palestine, where they first sow and then plough.²

A Tanna taught: Sowing, pruning, planting, bending,³  and grafting are all one labour. What does this inform us? — This: that if one performs many labours of the same nature, he is liable only to one [sacrifice]. R. Abba⁴  said in the name of R. Hiyya b. Ashi in R. Ammi's name: He who prunes is culpable on account of planting, while he who plants, bends [the vine], or grafts is culpable on account of sowing. On account of sowing only but not on account of planting?⁵  — Say: on account of planting too.⁶

R. Kahana said: If one prunes and needs the wood [too], he is liable to two [penalties],⁷  one on account of reaping⁸  and one on account of planting.⁹  R. Joseph said: He who cuts hay is liable to two [penalties], one on account of reaping and the other on account of planting.¹⁰  Abaye said: He who trims beets [in the ground] is liable to two [penalties], one on account of reaping¹¹  and one on account of planting.¹²

PLOUGHING. A Tanna taught: Ploughing, digging, and trenching are a]l one [form of] work.¹³  R. Shesheth said: If one has a mound [of earth] and removes it, in the house, he is liable on the score of building;¹⁴  if in the field, he is liable on the score of ploughing. Raba said: If one has a depression and fills it up: if in the house, he is liable on account of building; if in the field, he is liable on account of ploughing.¹⁵

R. Abba said: If one digs a pit on the Sabbath, needing only the earth thereof,¹⁶  he is not culpable on its account. And even according to R. Judah, who ruled: One is liable on account of a labour which is not required on its own account:¹⁷  that is only when he effects an improvement, but this man causes damage.¹⁸

REAPING: A Tanna taught: Reaping, vintaging, gathering [dates], collecting [olives], and gathering [figs] are all one [form of] labour. R. Papa said: He who throws a clod of earth at a palm tree and dislodges dates is liable to two [penalties], one on account of detaching¹⁹  and one on account of stripping.²⁰  R. Ashi said: This is not the mode of detaching, nor is it the mode of stripping.²¹

BINDING SHEAVES. Raba²²  said: He who collects salt out of a salina²³  is liable on the score of binding sheaves.²⁴  Abaye said: Binding sheaves applies only to products of the soil.

THRESHING. It was taught: Threshing, beating [flax in their stalks], and beating [cotton] are all the same form of work.

WINNOWING, SELECTING, GRINDING AND SIFTING. But winnowing, selecting, and sifting are identical?²⁵  — Abaye and Raba both said: Whatever was performed in [connection with the erection of] the Tabernacle,

1. Lit., 'stands in' — all the Tannaim, of course, were Palestinians.
2. Involving only one liability if performed at the same time.
3. Bending a vine for drawing it into the ground and making it grow as an independent plant (Jast.).
4. So text as amended.
5. Surely bending and grafting are forms of planting? — Planting and sowing are identical, the former applying to trees and the latter to cereals.
6. Hence if he grafts and sows, he is only liable to one penalty.
7. I.e., sin-offering, if done unwittingly.
8. Cutting wood from a tree for its use is a derivative of reaping.
9. Pruning is done to enable what is left to grow more freely, and thus it is a derivative of planting.
10. The hay is cut so that new grass can grow, and thus it is a derivative of planting (i.e., sowing) too.
11. Because the beets he cuts constitute a harvest.
12. As in n. 5.
13. Involving only one liability if performed at the same time.
14. For he thereby levels the floor, which is part of building.
15. For he thereby prepares the ground for sowing.
16. But not the pit itself.
17. V. supra 12a, 31b.
18. He spoils the ground by the pit.
19. That which is attached to the soil, the clod being taken up from the soil.
20. Rashi: the tree of a burden, sc. the dates. Ri: the dates of their outer skin. In both cases this is a derivative of threshing, which separates the grain from the chaff.
21. Hence he is not liable on either score.
22. Maim. and Asheri read: Rabbah.
23. A salt deposit, formed by causing sea water to flow into a trench; the water evaporates through the heat of the sun, leaving the salt. Raba refers to this action of directing the water into the trench.
24. It partakes of the same nature, and ranks as a derivative thereof.
25. All consist of separating fit from unfit food.