Shabbat No.3: The Amora's New Clothes

And on this subject, the Sages taught in the Tosefta: A woman may not go out into the public domain on Shabbat with a city of gold ornament. And if she went out with it into the public domain she is liable to bring a sin-offering; that is the statement of Rabbi Meir. And the Rabbis say: She may not go out with it ab initio, and if she went out she is exempt. And Rabbi Eliezer says: A woman may go out with a city of gold ornament ab initio.

Earlier, the Gemara cited Rabbi Abbahu’s opinion that the kavul mentioned in the mishna, which one may not wear into the public domain on Shabbat, is a woolen cap. And Shmuel said: It is the seal of a slave that we learned about in the mishna. The Gemara asks: And did Shmuel actually say this? Didn’t Shmuel say: A slave may go out on Shabbat with a seal that is around his neck but not with a seal that is on his clothes? Apparently, Shmuel holds that one may go out into the public domain with a slave’s seal. How, then, could he say that kavul in the mishna, with which one may not go out into the public domain, is referring to the seal of a slave? The Gemara answers: This is not difficult. This, where Shmuel said that one may go out with a slave’s seal on Shabbat, is referring to a case where his master made it for him. The slave will not remove it because he fears his master. Therefore, there is no concern lest he carry it. However, that, where the mishna said that it is prohibited to go out with a kavul, which according to Shmuel is the seal of a slave, is referring to a case where he made it for himself to indicate to all who his master is so that he may enjoy his master’s protection. In that case, since it is dependent solely upon his discretion, there is concern lest he remove the seal and carry it. Therefore, the Sages prohibited going out with it into the public domain. The Gemara asks: In what case did you establish this statement of Shmuel? It is in the case of a seal that his master made for him. If so, why may he not go out with a seal on his clothes? There too, since his master made it for him he will not remove it. The Gemara answers: There the concern is that perhaps the seal will be severed, and the slave will fear his master and fold his cloak and place it on his shoulders so that his master will not see that he has no seal on his clothing. That concern is in accordance with the opinion of Rav Yitzḥak bar Yosef; as Rav Yitzḥak bar Yosef said that Rabbi Yoḥanan said: One who goes out into the public domain with a cloak folded and resting on his shoulders on Shabbat is liable to bring a sin-offering. That is not the manner in which one wears a garment; it is the manner in which one carries a burden.

MISHNA: A man may not go out on Shabbat with a spiked sandal, as will be explained in the Gemara. And he may not go out with a single sandal when there is no wound on his foot. And he may neither go out with phylacteries, nor with an amulet when it is not from an expert, but rather it was written by someone who has not established a reputation as an expert in writing amulets that are effective for those who carry them. And he may neither go out with shiryon, nor with a kasda, nor with maggafayim. These terms will be explained in the Gemara. And if he went out into the public domain with any of these, he is not liable to bring a sin-offering. GEMARA: The Gemara asks: What is the reason that the Sages prohibited going out with a spiked sandal on Shabbat? Shmuel said: They were those who eluded the decrees of religious persecution, and after one of the wars they were hiding in a cave. And those hiding said: One who seeks to enter the cave may enter, but one who seeks to leave the cave may not leave. One leaving has no way to determine whether or not the enemy is lying in wait outside the cave. Therefore, leaving could reveal the presence of those hiding in the cave. It happened that the sandal of one of them was reversed, the front of the sandal was in the back, and his footprints appeared like the steps of one leaving the cave. They thought that one of them left and feared that their enemies saw him and were now coming upon them to attack. In their panic, they pushed one another and killed one another in greater numbers than their enemies had killed among them. To commemorate this disaster that resulted from a spiked sandal, they prohibited going out into the public domain with it. Rabbi Elai ben Elazar says that the reason for the decree was different. Once they were sitting in a cave and heard the sound of a spiked sandal atop the cave. They thought that their enemies had come upon them. They pushed one another and killed one another in greater numbers than their enemies had killed among them. Rami bar Yeḥezkel said that the reason for the decree was different. They were sitting in a synagogue and they heard the sound of a spiked sandal from behind the synagogue. They thought that their enemies had come upon them. They pushed one another, and killed one another in greater numbers than their enemies had killed among them. To commemorate that disaster which occurred due to a spiked sandal, at that time they said: A person may not go out with a spiked sandal. The Gemara asks: If so, on a weekday it should also be prohibited. The Gemara answers: When this incident occurred, it was on Shabbat. Therefore, they issued the decree prohibiting the spiked sandal specifically in parallel circumstances. The Gemara challenges: If so, on a Festival wearing a spiked sandal should be permitted. Why, then, did we learn in the same mishna: One may send garments as a gift on a Festival, whether they are sewn or whether they are not sewn, because any object fit for any use on a Festival may be sent as a gift. However, one may neither send a spiked sandal nor an unsewn shoe on a Festival, since using them is prohibited. Apparently, one may not wear a spiked sandal on a Festival. The Gemara explains: What is the reason that the Sages prohibited wearing a spiked sandal on Shabbat? It is because there is an assemblage of people. On a Festival too, there is an assemblage of people. The Gemara asks: On a communal fast day, there is an assemblage of people; wearing a spiked sandal should be prohibited then, as well. The Gemara answers: When this incident occurred, it was on a day when there was an assemblage of prohibition, i.e., a day on which performing labor is prohibited. Here, a fast day, is a day when there is an assemblage of permission, a day on which performing labor is permitted, and the two are not comparable. However, extending the scope of commemorative decrees to apply to comparable situations, e.g., from Shabbat to the Festivals, is acceptable. And this is true even according to the opinion of Rabbi Ḥanina ben Akiva, who said in the following case that a decree issued due to a specific set of circumstances is applied only to those specific circumstances. The ashes of the red heifer were once transported across the Jordan River in a boat. A source of ritual impurity was discovered at the bottom of the boat. The Sages sought to issue a decree prohibiting transport of the ashes of the red heifer over any body of water, sea or river, over a bridge, or in a boat. Rabbi Ḥanina ben Akiva said that decrees that are issued due to a specific event apply only to precisely those circumstances. Therefore, he said: They only prohibited transporting the ashes of a red heifer in the Jordan River and in a boat, and like the incident that occurred. However, even according to this approach, which limits restriction, that applies only to the Jordan River and not to other rivers. This is because it is different from other rivers in several respects, e.g., width and depth. However, a Festival and Shabbat are similar to one another, as it was taught in the mishna: The halakhic difference between a Festival and Shabbat is only with regard to preparation of food. Rav Yehuda said that Shmuel said: The Sages taught that a spiked sandal is prohibited only when the nails were placed in the sandal to strengthen its form; however, if they were placed in the sandal for beauty, it is permitted. The Gemara asks: And with how many nails is it considered to be for beauty? Rabbi Yoḥanan said: Five on this sandal and five on that one. And Rabbi Ḥanina said: Seven on this one and seven on that one. Rabbi Yoḥanan said to Rav Shemen bar Abba: I will explain it to you: According to my opinion, when inserting nails for beauty, two are inserted from here, its outer side, one near the toes and one near the heel, and two are inserted from there, its inner side, one near the toes and one near the heel, and one is inserted on its straps; and for Rabbi Ḥanina, three from here, and three from there, and one on its straps. The Gemara raises an objection from a baraita: For an uneven sandal, whose soles are not straight, one makes seven nails on the bottom to straighten it, and it is then permitted for use on Shabbat; that is the statement of Rabbi Natan. And Rabbi Yehuda HaNasi permits straightening the sandal with thirteen nails. The Gemara notes: Granted, according to Rabbi Ḥanina, there is no problem, as he stated his opinion in accordance with the opinion of Rabbi Natan. However, Rabbi Yoḥanan, in accordance with whose opinion did he state his opinion? Neither of the tanna’im agrees with his opinion. The Gemara answers: He stated his opinion in accordance with the opinion of Rabbi Nehorai, as it was taught in a baraita that Rabbi Nehorai says: With five nails inserted into the sole, it is permitted to go out into the public domain on Shabbat; and with seven nails, it is prohibited to go out into the public domain on Shabbat. The Sage, Ifa, said to Rabba bar bar Ḥana: You, who are students of Rabbi Yoḥanan, act in accordance with the opinion of Rabbi Yoḥanan. We will act in accordance with the opinion of Rabbi Ḥanina. Rav Huna raised a dilemma before Rav Ashi: With a sandal that has five nails inserted into the sole, what is the halakha with regard to going out into the public domain? He said to him: Even with seven nails it is permitted. He asked further: With nine, what is the halakha? He said to him: Even with eight it is prohibited. That shoemaker raised a dilemma before Rabbi Ami: If one sewed the sole and attached it to the sandal from within, what is the halakha? May he go out into the public domain after inserting nails into it? Rabbi Ami said to him: It is permitted, and I do not know the reason. Rav Ashi said: And does the Master not know the reason? It is obvious. Since he sewed it from within, it is no longer a sandal, it is a shoe. With regard to a sandal, the Sages issued a decree; with regard to a shoe, the Sages did not issue a decree. Rabbi Abba bar Zavda raised a dilemma before Rabbi Abba bar Avina: If he shaped the nail like tongs [kelavus] by bending a nail with two sharp ends and sticking both ends into the sandal, what is the halakha? May he go out into the public domain with it on Shabbat? He said to him: It is permitted. It was also stated that Rabbi Yosei, son of Rabbi Ḥanina, said: If he shaped it like tongs it is permitted. Rav Sheshet said: If he covered the entire sole in nails, so that contact with the ground will not wear it away, it is permitted to go out with that sandal on Shabbat, since it is no longer the spiked sandal with regard to which they issued a decree.