Halakhah, Aggadah, and Midrash in the Talmud

MISHNA: This fundamental mishna enumerates those who perform the primary categories of labor prohibited on Shabbat, which number forty-less-one. They are grouped in accordance with their function:

One who sows, and one who plows, and one who reaps, and one who gathers sheaves into a pile, and one who threshes, removing the kernel from the husk, and one who winnows threshed grain in the wind, and one who selects the inedible waste from the edible, and one who grinds, and one who sifts the flour in a sieve, and one who kneads dough, and one who bakes. Additional primary categories of prohibited labor are the following: One who shears wool, and one who whitens it, and one who combs the fleece and straightens it, and one who dyes it, and one who spins the wool, and one who stretches the threads of the warp in the loom, and one who constructs two meshes, tying the threads of the warp to the base of the loom, and one who weaves two threads, and one who severs two threads for constructive purposes, and one who ties a knot, and one who unties a knot, and one who sews two stitches with a needle, as well as one who tears a fabric in order to sew two stitches. One who traps a deer, or any living creature, and one who slaughters it, and one who flays it, and one who salts its hide, a step in the tanning process, and one who tans its hide, and one who smooths it, removing hairs and veins, and one who cuts it into measured parts. One who writes two letters and one who erases in order to write two letters. One who builds a structure, and one who dismantles it, one who extinguishes a fire, and one who kindles a fire. One who strikes a blow with a hammer to complete the production process of a vessel (Rabbeinu Ḥananel), and one who carries out an object from domain to domain.

All these are primary categories of labor, and they number forty-less-one.

GEMARA: We learned in the mishna that the primary categories of labor number forty-less-one. The Gemara asks: Why do I need this tally? Rabbi Yoḥanan said: The tally was included to teach that if he performed all of the prohibited labors in the course of one lapse of awareness, during which he was unaware of the prohibition involved, he is liable for each and every one. We learned in the mishna, among those liable for performing primary categories of labor:

One who sows, and one who plows. The Gemara asks: Since, after all, in terms of plowing, one plows first and only then sows, let the tanna teach first one who plows, and afterward let him teach one who sows. The Gemara answers: The tanna ordered the mishna based on the practice in Eretz Yisrael, where they sow first and then plow. In Eretz Yisrael, the practice was to plow a second time after sowing to cover the seeds. A baraita is taught with regard to the prohibited labor of sowing: One who sows, and one who prunes the branches of vines to accelerate their growth, and one who plants, and one who bends the branch of a vine or a tree into the ground so that it takes root while still attached to the trunk, and one who grafts the branch of one tree onto another have all performed one type of labor, as they all stimulate plant growth. The Gemara asks: What is the baraita teaching us? The Gemara explains: This teaches us that one who unwittingly performs numerous prohibited labors subsumed under a single primary category of labor, like those listed in the baraita, is liable to bring only one sin-offering, since they are considered aspects of the same labor. Rabbi Aḥa said that Rabbi Ḥiyya bar Ashi said that Rabbi Ami said: One who prunes is liable for the labor of planting. And one who plants, and one who bends, and one who grafts is liable for the labor of sowing. The Gemara is surprised at this: Is that to say that one who bends and one who grafts a branch, for sowing, yes, he is liable; for planting, no, he is not liable? These labors, performed on trees, are more similar to planting. Rather, say as follows: One is liable even for sowing, as with regard to the halakhot of Shabbat there is no difference between sowing and planting. Rav Kahana said: One who prunes a tree and needs the wood that he hewed from the tree for fuel or some other purpose is liable to bring two sin-offerings: One sin-offering due to the labor of reaping, like anyone who severs an item from the ground for the purpose of harvesting the detached object, and one sin-offering due to the labor of planting, since he thereby stimulates growth of the plant. Similarly, Rav Yosef said: One who reaps alfalfa is liable to bring two sin-offerings: One due to reaping, since he is cutting the plant for animal feed, and one due to planting, since cutting stimulates the growth of the alfalfa. Similarly, Abaye said: One who cuts beet leaves is liable to bring two sin-offerings: One due to reaping and one due to sowing. We learned in the mishna among those liable for performing primary categories of labor: One who plows. A tanna taught in a baraita with regard to the labor of plowing: One who plows, and one who digs, and one who makes a furrow in the ground have all performed one type of labor. Rav Sheshet said: One who had a mound of earth and removed it in the house, thereby evening the surface, is liable due to the labor of building, as he thereby engages in construction of the house. In the field, he is liable due to the labor of plowing. Similarly, Rava said: One who had a hole and filled it, in the house he is liable due to the labor of building. In the field, he is liable due to the labor of plowing. Rabbi Abba said: One who digs a hole on Shabbat and digs the hole only because he needs its dirt is exempt for that act, which is not the labor of digging prohibited on Shabbat by Torah law. And even according to Rabbi Yehuda, who said that in general one who performs labor that is not necessary for its own sake, i.e., he performs the labor for a purpose other than the direct result of that action, is liable for it; that ruling applies only to a purpose that is constructive. However, this purpose is destructive, as one performs an act that unnecessarily mars the surface of the ground. Therefore, Rabbi Yehuda would agree that in this case he is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who reaps. It was taught in a Tosefta with regard to the labor of reaping: One who reaps, and one who picks grapes, and one who harvests dates, and one who collects olives, and one who gathers figs have all performed one type of labor, as they all involve picking fruit. Rav Pappa said: One who threw a clod of earth at a palm tree and severed dates is liable to bring two sin-offerings: One due to severing, which is a subcategory of the primary category of reaping; and one for extracting, which is a subcategory of the primary category of threshing, as he removes something edible, the date, from its cover, its cluster. Rav Ashi said: In that case, one is exempt, since that is not the typical manner of severing, and that is not the typical manner of extracting, and one who performs a labor in an atypical manner is exempt. And we learned in the mishna, among those liable for performing primary categories of labor: One who gathers. Rava said: One who gathers salt from salt pools is liable due to the labor of gathering, as he gathers a substance from the field into a pile. Abaye said: That is not so, as the prohibition of gathering by Torah law applies only to produce that grows from the ground. And we learned in the mishna, among those liable for performing primary categories of labor: One who threshes. A tanna taught in a Tosefta: One who threshes, and one who beats flax to remove it from the hard cover of its stalk, and one who strikes a cotton plant to remove the cotton seeds have all performed one type of labor. And we learned in the mishna, among those liable for performing primary categories of labor: One who winnows, and one who selects, and one who grinds, and one who sifts. The Gemara asks: The prohibited labor of winnowing is the same as the prohibited labor of selecting, which is the same as the prohibited labor of sifting. They are all identical in the manner in which they are performed and have the same objective: Separating food from the accompanying waste. Why was it necessary to list them all? An answer was provided by Abaye and Rava, who both said and established a principle: Any manner of labor that was performed in the Tabernacle, for the purposes of the Tabernacle,

If one cut an earthenware oven widthwise into segments, and placed sand between each and every segment, Rabbi Eliezer deems it ritually pure. Because of the sand, its legal status is not that of a complete vessel, and therefore it is not susceptible to ritual impurity. And the Rabbis deem it ritually impure, as it is functionally a complete oven.

And this is known as the oven of akhnai. The Gemara asks: What is the relevance of akhnai, a snake, in this context? Rav Yehuda said that Shmuel said: It is characterized in that manner due to the fact that the Rabbis surrounded it with their statements like this snake, which often forms a coil when at rest, and deemed it impure. The Sages taught: On that day, when they discussed this matter, Rabbi Eliezer answered all possible answers in the world to support his opinion, but the Rabbis did not accept his explanations from him. After failing to convince the Rabbis logically, Rabbi Eliezer said to them: If the halakha is in accordance with my opinion, this carob tree will prove it. The carob tree was uprooted from its place one hundred cubits, and some say four hundred cubits. The Rabbis said to him: One does not cite halakhic proof from the carob tree. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the stream will prove it. The water in the stream turned backward and began flowing in the opposite direction. They said to him: One does not cite halakhic proof from a stream. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the walls of the study hall will prove it. The walls of the study hall leaned inward and began to fall. Rabbi Yehoshua scolded the walls and said to them: If Torah scholars are contending with each other in matters of halakha, what is the nature of your involvement in this dispute? The Gemara relates: The walls did not fall because of the deference due Rabbi Yehoshua, but they did not straighten because of the deference due Rabbi Eliezer, and they still remain leaning. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, Heaven will prove it. A Divine Voice emerged from Heaven and said: Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion? Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12). The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion. The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me.

(4) "In the beginning of God's creating..." - Six things preceded the creation of the world; some of them were created and some of them were decided to be created.

The Torah and the Throne of Glory were created.

How do we know the Torah was? As it says (Proverbs 8:22): "God made me at the beginning of his way." How do we know the Throne of Glory was? As it says (Psalms 93:2): "Your throne is established as of old etc."

The Patriarchs, Israel, the Temple, and the name of the Messiah were decided to be created.

How do we know the Patriarchs were? As it says (Hosea 9:10): "Like grapes in the wilderness etc."

How do we know Israel was? As it says (Psalms 74:2): "Remember your congregation, whom you purchased from old."

How do we know the Temple was? As it says (Jeremiah 17:12): "Your throne of glory, on high from the beginning etc."

How do we know the name of the Messiah was? As it says (Psalms 72:17): "May his name exist forever etc. [his name shall be Yinnon as long as the sun]."

(1) 1) "And He called to Moses and the L–rd spoke to him, etc." "to him" — to exclude Aaron. R. Yehudah b. Betheira said: Thirteen dibroth (accompanied by a command) were stated in the Torah to Moses and Aaron, and, corresponding to them, thirteen limitations, to teach us that they were not spoken to Aaron, but to Moses, to tell them to Aaron. (The dibroth: 1) [Shemoth 6:13], 2) [Ibid. 7:8], 3) [Ibid. 9:8], 4) [Ibid. 12:1], 5) [Ibid. 43], 6) [Vayikra 11:1], 7) [Ibid. 13:1], 8) [Ibid. 14:33], 9 [Ibid. 15:1], 10 [Bamidbar 2:1], 11 [Ibid. 4:1], 12 [Ibid. 18], 13) [Ibid. 19:2].)