(א) כְּלָל גָּדוֹל אָמְרוּ בַשַּׁבָּת. כָּל הַשּׁוֹכֵחַ עִקַּר שַׁבָּת וְעָשָׂה מְלָאכוֹת הַרְבֵּה בְשַׁבָּתוֹת הַרְבֵּה, אֵינוֹ חַיָּב אֶלָּא חַטָּאת אֶחָת. הַיּוֹדֵעַ עִקַּר שַׁבָּת וְעָשָׂה מְלָאכוֹת הַרְבֵּה בְּשַׁבָּתוֹת הַרְבֵּה, חַיָּב עַל כָּל שַׁבָּת וְשַׁבָּת. הַיּוֹדֵעַ שֶׁהוּא שַׁבָּת וְעָשָׂה מְלָאכוֹת הַרְבֵּה בְּשַׁבָּתוֹת הַרְבֵּה, חַיָּב עַל כָּל אַב מְלָאכָה וּמְלָאכָה. הָעוֹשֶׂה מְלָאכוֹת הַרְבֵּה מֵעֵין מְלָאכָה אַחַת, אֵינוֹ חַיָּב אֶלָּא חַטָּאת אֶחָת:
(ב) אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אֶחָת. הַזּוֹרֵעַ. וְהַחוֹרֵשׁ. וְהַקּוֹצֵר. וְהַמְעַמֵּר. הַדָּשׁ. וְהַזּוֹרֶה. הַבּוֹרֵר. הַטּוֹחֵן. וְהַמְרַקֵּד. וְהַלָּשׁ. וְהָאוֹפֶה. הַגּוֹזֵז אֶת הַצֶּמֶר. הַמְלַבְּנוֹ. וְהַמְנַפְּצוֹ. וְהַצּוֹבְעוֹ. וְהַטּוֹוֶה. וְהַמֵּסֵךְ. וְהָעוֹשֶׂה שְׁנֵי בָתֵּי נִירִין. וְהָאוֹרֵג שְׁנֵי חוּטִין. וְהַפּוֹצֵעַ שְׁנֵי חוּטִין. הַקּוֹשֵׁר. וְהַמַּתִּיר. וְהַתּוֹפֵר שְׁתֵּי תְפִירוֹת. הַקּוֹרֵעַ עַל מְנָת לִתְפֹּר שְׁתֵּי תְפִירוֹת. הַצָּד צְבִי. הַשּׁוֹחֲטוֹ. וְהַמַּפְשִׁיטוֹ. הַמּוֹלְחוֹ, וְהַמְעַבֵּד אֶת עוֹרוֹ. וְהַמּוֹחֲקוֹ. וְהַמְחַתְּכוֹ. הַכּוֹתֵב שְׁתֵּי אוֹתִיּוֹת. וְהַמּוֹחֵק עַל מְנָת לִכְתֹּב שְׁתֵּי אוֹתִיּוֹת. הַבּוֹנֶה. וְהַסּוֹתֵר. הַמְכַבֶּה. וְהַמַּבְעִיר. הַמַּכֶּה בַפַּטִּישׁ. הַמּוֹצִיא מֵרְשׁוּת לִרְשׁוּת. הֲרֵי אֵלּוּ אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אֶחָת:
(1) The Sages stated a significant principle with regard to the halakhot of Shabbat: One who forgets the essence of Shabbat, i.e., one who is entirely ignorant of the mitzva of Shabbat according to Torah law, and performed numerous prohibited labors on multiple Shabbatot, is liable to bring only one sin-offering for all those labors when he becomes aware that those actions were prohibited. One who knows the essence of Shabbat but forgets which day is Shabbat, i.e., one who lost track of the days of the week, and performs numerous prohibited labors on multiple Shabbatot is liable to bring a sin-offering for each Shabbat when he becomes aware that he performed those actions on Shabbat. One who is aware that the day is Shabbat but temporarily forgot that certain labors were prohibited and performed numerous prohibited labors on multiple Shabbatot is liable to bring a sin-offering for each and every primary category of labor that he performed. One who performs numerous prohibited labors subsumed under a single category of labor is liable to bring only one sin-offering.
(2) 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.
אָמַר מָר: אִם הוֹצִיא וְהִכְנִיס בְּשׁוֹגֵג — חַיָּיב חַטָּאת, בְּמֵזִיד — עָנוּשׁ כָּרֵת, וְנִסְקָל. בְּשׁוֹגֵג חַיָּיב חַטָּאת, פְּשִׁיטָא! בְּמֵזִיד עָנוּשׁ כָּרֵת וְנִסְקָל אִצְטְרִיכָא לֵיהּ. הָא נָמֵי פְּשִׁיטָא! הָא קָא מַשְׁמַע לַן כִּדְרַב, דְּאָמַר רַב: מָצָאתִי מְגִלַּת סְתָרִים בֵּי רַבִּי חִיָּיא וְכָתוּב בָּהּ: אִיסִי בֶּן יְהוּדָה אוֹמֵר: אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת, וְאֵינוֹ חַיָּיב אֶלָּא אַחַת. אִינִי?! וְהָתְנַן: אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת. וְהָוֵינַן בַּהּ: מִנְיָנָא לְמָה לִי? וְאָמַר רַבִּי יוֹחָנָן: שֶׁאִם עֲשָׂאָן כּוּלָּן בְּהֶעְלֵם אַחַת — חַיָּיב עַל כׇּל אַחַת וְאַחַת.
It was also taught in the Tosefta that the Master said: If he carried out an object on Shabbat from the private domain to the public domain or vice versa, if he carried in, if he did so unwittingly, he is liable to bring a sin-offering. If he did so intentionally and there were no witnesses to his act and he was not forewarned, he is punishable from the hand of Heaven with the punishment of karet. If he was forewarned and there were witnesses to his transgression, he is punished by the court and stoned. The Gemara asks: Unwittingly, he is liable to bring a sin-offering; it is obvious that one who violates the serious transgression of desecrating the Shabbat unwittingly is liable to bring a sin-offering. The Gemara answers: It was necessary for the tanna to teach that if he did so intentionally he is punishable with karet and stoned. Since he needed to cite those cases because they involve a novel element, he also cited the case where he performed the transgression unwittingly, in order to complete the picture. The Gemara asks: That is also obvious, as the Torah states explicitly that one who desecrates Shabbat intentionally without witnesses and forewarning is punishable by karet, and that when there are witnesses and forewarning he is executed by stoning. The Gemara answers: This came to teach us in accordance with the statement of Rav, as Rav said: I found a hidden scroll in the house of Rabbi Ḥiyya in which matters of Oral Torah were briefly summarized, and in it was written: Isi ben Yehuda says: The primary categories of prohibited labor on Shabbat are forty-less-one, and he is liable only for one. This expression is unclear, and it would seem that it means that one who performs all of the prohibited labors is only liable to bring one sin-offering. The Gemara asks: Is that so? Didn’t we learn in the mishna: The primary categories of prohibited labor are forty-less-one? The mishna proceeded to enumerate those labors. And we discussed it: Why do I need this tally of forty-less-one? It would have been sufficient for the mishna to merely list the prohibited labors. And Rabbi Yoḥanan said: The number is also significant, in order to teach us that if he performed all of the prohibited labors within one lapse of awareness, during which he remained unaware of the prohibition involved, he is liable to bring a sin-offering for each and every one of the prohibited labors separately. Consequently, the statement of Isi ben Yehuda cannot be understood as suggested above.
וְתִיפּוֹק לֵיהּ חִילּוּק מְלָאכוֹת מֵהֵיכָא דְּנָפְקָא לֵיהּ לְרַבִּי נָתָן! דְּתַנְיָא, רַבִּי נָתָן אוֹמֵר: ״לֹא תְבַעֲרוּ אֵשׁ בְּכֹל מֹשְׁבֹתֵיכֶם בְּיוֹם הַשַּׁבָּת״ מַה תַּלְמוּד לוֹמַר? לְפִי שֶׁנֶּאֱמַר ״וַיַּקְהֵל מֹשֶׁה אֶת כׇּל עֲדַת בְּנֵי יִשְׂרָאֵל אֵלֶּה הַדְּבָרִים וְגוֹ׳ שֵׁשֶׁת יָמִים תֵּעָשֶׂה מְלָאכָה״. ״דְּבָרִים״, ״הַדְּבָרִים״, ״אֵלֶּה הַדְּבָרִים״ — אֵלּוּ שְׁלֹשִׁים וָתֵשַׁע מְלָאכוֹת שֶׁנֶּאֶמְרוּ לְמֹשֶׁה בְּסִינַי.
The Gemara asks: And let him derive division of labors from where it was derived according to Rabbi Natan, as it was taught in a baraita that Rabbi Natan says that it is written: “You shall not kindle fire in all your dwellings on the day of Shabbat” (Exodus 35:3). Why does the verse state this halakha? The prohibition against kindling is included in the general prohibition against performing labor on Shabbat. Rather, it should be understood as follows. Since it is already stated: “And Moses gathered the entire assembly of the children of Israel and said to them: These are the things [eleh hadevarim] that God has commanded to perform them. Six days you shall perform work, and on the seventh day it shall be holy to you, a Shabbat of rest to God” (Exodus 35:1–2), and Rabbi Natan derives as follows: “These are the things,” which refers to the halakhot of Shabbat, there are emphases in this phrase that are superfluous in the context of the verse. The Torah could have simply stated: This is a thing [davar]. When it states: Things [devarim] in the plural, it teaches at least two points. The addition of the definite article: The things [hadevarim], adds at least a third point. The numerological value of letters of the word eleh: Alef, one; lamed, thirty; and heh, five, is thirty-six. The total numerical value, three plus thirty-six, derived from the phrase: “These are the things.” This alludes to the thirty-nine prohibited labors that were stated to Moses at Sinai.
הֲדוּר יָתְבִי וְקָמִיבַּעְיָא לְהוּ: הָא דִּתְנַן אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת, כְּנֶגֶד מִי? אָמַר לְהוּ רַבִּי חֲנִינָא בַּר חָמָא: כְּנֶגֶד עֲבוֹדוֹת הַמִּשְׁכָּן. אֲמַר לְהוּ רַבִּי יוֹנָתָן בְּרַבִּי אֶלְעָזָר, כָּךְ אָמַר רַבִּי שִׁמְעוֹן בְּרַבִּי יוֹסֵי בֶּן לָקוֹנְיָא: כְּנֶגֶד ״מְלָאכָה״ ״מְלַאכְתּוֹ״ וּ״מְלֶאכֶת״ שֶׁבַּתּוֹרָה אַרְבָּעִים חָסֵר אַחַת. בָּעֵי רַב יוֹסֵף: ״וַיָּבֹא הַבַּיְתָה לַעֲשׂוֹת מְלַאכְתּוֹ״, מִמִּנְיָנָא הוּא, אוֹ לָא? אֲמַר לֵיהּ אַבָּיֵי: וְלַיְתֵי סֵפֶר תּוֹרָה וְלִימְנֵי. מִי לָא אָמַר רַבָּה בַּר בַּר חָנָה אָמַר רַבִּי יוֹחָנָן לֹא זָזוּ מִשָּׁם עַד שֶׁהֵבִיאוּ סֵפֶר תּוֹרָה וּמְנָאוּם! אֲמַר לֵיהּ: כִּי קָא מְסַפְּקָא לִי מִשּׁוּם דִּכְתִיב: ״וְהַמְּלָאכָה הָיְתָה דַיָּם״ מִמִּנְיָנָא הוּא — וְהָא כְּמַאן דְּאָמַר לַעֲשׂוֹת צְרָכָיו נִכְנַס. אוֹ דִילְמָא ״וַיָּבֹא הַבַּיְתָה לַעֲשׂוֹת מְלַאכְתּוֹ״ מִמִּנְיָנָא הוּא, וְהַאי ״וְהַמְּלָאכָה הָיְתָה דַיָּם״ — הָכִי קָאָמַר: דִּשְׁלִימָא לֵיהּ עֲבִידְתָּא. תֵּיקוּ. תַּנְיָא כְּמַאן דְּאָמַר כְּנֶגֶד עֲבוֹדוֹת הַמִּשְׁכָּן. דְּתַנְיָא: אֵין חַיָּיבִין אֶלָּא עַל מְלָאכָה שֶׁכַּיּוֹצֵא בָּהּ הָיְתָה בַּמִּשְׁכָּן. הֵם זָרְעוּ, וְאַתֶּם לֹא תִּזְרְעוּ. הֵם קָצְרוּ, וְאַתֶּם לֹא תִּקְצְרוּ. הֵם הֶעֱלוּ אֶת הַקְּרָשִׁים מִקַּרְקַע לַעֲגָלָה, וְאַתֶּם לֹא תַּכְנִיסוּ מֵרְשׁוּת הָרַבִּים לִרְשׁוּת הַיָּחִיד. הֵם הוֹרִידוּ אֶת הַקְּרָשִׁים מֵעֲגָלָה לְקַרְקַע, וְאַתֶּם לֹא תּוֹצִיאוּ מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים. הֵם הוֹצִיאוּ מֵעֲגָלָה לַעֲגָלָה, וְאַתֶּם לֹא תּוֹצִיאוּ מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הַיָּחִיד. מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הַיָּחִיד מַאי קָא עָבֵיד? אַבָּיֵי וְרָבָא דְּאָמְרִי תַּרְוַויְהוּ, וְאִיתֵּימָא רַב אַדָּא בַּר אַהֲבָה: מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הַיָּחִיד דֶּרֶךְ רְשׁוּת הָרַבִּים.
The Gemara relates that those same Sages who sat and discussed the issue of hides, sat again and they raised a dilemma: That which we learned in the mishna: The primary categories of labor, which are prohibited by Torah law on Shabbat, are forty-less-one; to what does this number correspond? That is to say, what is the source of this number? Rabbi Ḥanina bar Ḥama said to them: They correspond to the labors in the Tabernacle. All types of labor that were performed in the Tabernacle are enumerated as primary categories of labor with respect to Shabbat. However, other labors, even if they are significant, are not enumerated among the primary categories of labor since they were not performed in the Tabernacle. Rabbi Yonatan, son of Rabbi Elazar, said to them that so said Rabbi Shimon, son of Rabbi Yosei ben Lakonya: They correspond to the instances of the words labor, his labor, and the labor of, that appear in the Torah a total of forty-less-one times. Rav Yosef raised a dilemma: The term his labor is written with regard to Joseph: “And it came to pass about this time, that he came into the house to do his labor; and there was none of the men of the house there within” (Genesis 39:11). Is it included in the count of the thirty-nine instances or not? Abaye said to him: And let us bring a Torah scroll and count the instances of the word labor and thereby determine whether or not there are thirty-nine instances without that one. Didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said in a case of similar uncertainty: They did not move from there until they brought a Torah scroll and counted them? Rav Yosef said to Abaye: I cannot reach a conclusion relying solely on a count because there is another instance of the term labor, whose meaning is not clear to me. The reason I am uncertain is because it is written with regard to the Tabernacle: “For the labor they had was sufficient for all the work to do it, and too much” (Exodus 36:7). The question arises whether or not this mention of labor is included in the count of thirty-nine instances, i.e., whether or not it refers to actual labor. And if it does, that verse with regard to Joseph should be understood in accordance with the opinion of the one who said that the expression, to do his labor, is a euphemism. It means that it was to attend to his needs and engage in relations with Potiphar’s wife that he entered. Or, perhaps, the verse relating to Joseph: “He came into the house to do his labor,” is included in the count, and it refers to actual labor. And this verse: “The labor they had was sufficient,” is saying the following: That they completed the preparatory labor, i.e., they brought all the materials, not that they engaged in the actual labor. Let the uncertainty stand unresolved. With regard to the matter itself, it was taught in a baraita in accordance with the opinion of the one who said that the thirty-nine labors of Shabbat correspond to the labors performed in the Tabernacle. As it was taught in a baraita: One is only liable for performing a labor to which there was a corresponding labor in the Tabernacle. They sowed in order to grow dyes for the Tabernacle, and therefore you may not sow on Shabbat. They reaped, and therefore you may not reap on Shabbat. They lifted the boards from the ground in the wilderness, which is a public domain, and placed them into the wagon, which is a private domain, and therefore you shall not carry objects in from the public domain to the private domain on Shabbat. They lowered the boards from the wagon to the ground, and therefore you shall not carry objects out from the private domain to the public domain on Shabbat. They took boards and other objects out and passed them from wagon to wagon, i.e., from one private domain to another private domain, and therefore you shall not take objects out from one private domain to another private domain on Shabbat. The Gemara expresses astonishment with regard to the last clause of the baraita: One who takes an object out from one private domain to another private domain, what prohibited labor is he thereby performing? The Gemara answers: It was Abaye and Rava who both said, and some say that it was Rav Adda bar Ahava who said: This is referring to taking an object out from one private domain to another private domain via the public domain, as the space between the two wagons in the wilderness was a public domain.
(א) ואתה דבר אל בני ישראל. וְאַתָּה אַעַ"פִּ שֶׁהִפְקַדְתִּיךָ לְצַוּוֹתָם עַל מְלֶאכֶת הַמִּשְׁכָּן, אַל יֵקַל בְּעֵינֶיךָ לִדְחוֹת אֶת הַשַּׁבָּת מִפְּנֵי אוֹתָהּ מְלָאכָה: (ב) אך את שבתתי תשמרו. אַעַ"פִּ שֶׁתִּהְיוּ רְדוּפִין וּזְרִיזִין בִּזְרִיזוּת הַמְּלָאכָה, שַׁבָּת אַל תִּדָּחֶה מִפָּנֶיהָ, כָּל אַכִין וְרַקִּין מִעוּטִין – לְמַעֵט שַׁבָּת מִמְּלֶאכֶת הַמִּשְׁכָּן:
(1) ואתה דבר אל בני ישראל SPEAK THOU ALSO UNTO THE CHILDREN OF ISRAEL — AND thou, although I have given thee charge to command them concerning the work of the Tabernacle let it not appear a light thing to thee to set the Sabbath aside on account of that work. (2) אך את שבתתי תשמרו BUT NEVERTHELESS MY SABBATHS SHALL YE KEEP — Even though you be anxious and alert to do the work promptly the Sabbath nevertheless you must not set aside on its account. The words אך and רק wherever they occur in Scripture have limitative force (Rosh Hashanah 17b; cf. Rashi on Rosh Hashanah 17b on אכין ורקין). Here Scripture intends by the word אך to except the Sabbath from the days on which the work of the Tabernacle may be done.
תְּנַן ״אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת״, וְהָוֵינַן בַּהּ: מִנְיָנָא לְמָה לִי? וְאָמַר רַבִּי יוֹחָנָן: שֶׁאִם עֲשָׂאָן כּוּלָּם בְּהֶעְלֵם אֶחָד — חַיָּיב עַל כׇּל אַחַת וְאַחַת, בִּשְׁלָמָא לְאַבָּיֵי דְּאָמַר כִּי הַאי גַוְונָא חַיָּיב, מַשְׁכַּחַתְּ לַהּ דְּיָדַע אִסּוּרָא דְשַׁבָּת וְיָדַע (לַהּ) אִיסּוּר מְלָאכוֹת, וְקָא טָעֵי בְּשִׁיעוּרִין. אֶלָּא לְרָבָא דְּאָמַר פָּטוּר, הֵיכִי מַשְׁכַּחַתְּ לַהּ בִּזְדוֹן שַׁבָּת וְשִׁגְגַת מְלָאכוֹת? הָנִיחָא אִי סָבַר לַהּ כְּרַבִּי יוֹחָנָן, דְּאָמַר כֵּיוָן שֶׁשָּׁגַג בְּכָרֵת, אַף עַל פִּי שֶׁהֵזִיד בְּלָאו — מַשְׁכַּחַתְּ לַהּ דְּיָדַע לַהּ לְשַׁבָּת בְּלָאו. אֶלָּא אִי סָבַר לַהּ כְּרַבִּי שִׁמְעוֹן בֶּן לָקִישׁ, דְּאָמַר עַד שֶׁיִּשְׁגּוֹג בְּלָאו וְכָרֵת, דְּיָדַע לַהּ לְשַׁבָּת בְּמַאי? דְּיָדַע לַהּ בִּתְחוּמִין, וְאַלִּיבָּא דְּרַבִּי עֲקִיבָא. מַתְנִי׳ אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת: הַזּוֹרֵעַ, וְהַחוֹרֵשׁ, וְהַקּוֹצֵר, וְהַמְעַמֵּר, וְהַדָּשׁ, וְהַזּוֹרֶה. הַבּוֹרֵר, הַטּוֹחֵן, וְהַמְרַקֵּד, וְהַלָּשׁ, וְהָאוֹפֶה. הַגּוֹזֵז אֶת הַצֶּמֶר, הַמְלַבְּנוֹ, וְהַמְנַפְּצוֹ, וְהַצּוֹבְעוֹ, וְהַטּוֹוֶה, וְהַמֵּיסֵךְ, וְהָעוֹשֶׂה שְׁתֵּי בָתֵּי נִירִין, וְהָאוֹרֵג שְׁנֵי חוּטִין, וְהַפּוֹצֵעַ שְׁנֵי חוּטִין. הַקּוֹשֵׁר, וְהַמַּתִּיר, וְהַתּוֹפֵר שְׁתֵּי תְפִירוֹת, הַקּוֹרֵעַ עַל מְנָת לִתְפּוֹר [שְׁתֵּי תְפִירוֹת]. הַצָּד צְבִי, הַשּׁוֹחֲטוֹ, וְהַמַּפְשִׁיטוֹ, הַמּוֹלְחוֹ, וְהַמְעַבֵּד אֶת עוֹרוֹ, וְהַמְמַחֲקוֹ, וְהַמְחַתְּכוֹ. הַכּוֹתֵב שְׁתֵּי אוֹתִיּוֹת, וְהַמּוֹחֵק עַל מְנָת לִכְתּוֹב שְׁתֵּי אוֹתִיּוֹת. הַבּוֹנֶה, וְהַסּוֹתֵר, הַמְכַבֶּה, וְהַמַּבְעִיר, הַמַּכֶּה בְּפַטִּישׁ, הַמּוֹצִיא מֵרְשׁוּת לִרְשׁוּת — הֲרֵי אֵלּוּ אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת. גְּמָ׳ מִנְיָנָא לְמָה לִי? אָמַר רַבִּי יוֹחָנָן: שֶׁאִם עֲשָׂאָן כּוּלָּם בְּהֶעְלֵם אֶחָד — חַיָּיב עַל כׇּל אַחַת וְאַחַת.
We learned in a mishna: The primary categories of labor are forty-less-one, and we discussed it and asked: Why do I need this tally of forty-less-one? And Rabbi Yoḥanan said: The tally was included to teach that if one 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. Granted, according to Abaye, who said that in a case like that one mentioned above, where one intended to throw an object two cubits and it traveled four cubits he is liable, you find that circumstance in a case where he was aware that the prohibition of Shabbat applies to certain labors, and he was aware that particular labors were prohibited, and was mistaken with regard to measures. He intended to perform an act involving less than the prohibited measure, and it turned out that the action he performed involved an amount equal to or greater than the prohibited measure. That is an unwitting act that renders him liable to bring a sin-offering, according to Abaye. However, according to Rava, who said that he is exempt in a case where one intended to throw an object two cubits and it traveled four cubits, in what circumstances do you find that he would be liable for each and every one? Is it in a case where, with regard to Shabbat, his actions were intentional, and, with regard to the prohibited labors, his actions were unwitting? It works out well if he holds in accordance with the opinion of Rabbi Yoḥanan, who said: Once he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition and performed the transgression intentionally, he is considered to have sinned unwittingly. If he holds in accordance with that opinion, you find a case where one could be liable for each and every prohibited labor when he was aware that performing labor on Shabbat involves violation of a Torah prohibition, but he was unaware that the punishment for violating that prohibition is karet. However, if he holds in accordance with the opinion of Rabbi Shimon ben Lakish, who said: It is not considered unwitting until he was unwitting with regard to both the prohibition and karet, the result is that he is completely unaware of all the prohibited labors of Shabbat. The question then arises: With regard to what aspect of Shabbat was he aware? If he was completely unaware of all the labors prohibited on Shabbat, in what sense were his actions intentional with regard to Shabbat? The Gemara answers: He was aware of the halakhot of the prohibition of Shabbat boundaries, in accordance with the opinion of Rabbi Akiva, who holds that this prohibition is by Torah law. 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.
הַזּוֹרֶה, הַבּוֹרֵר, וְהַטּוֹחֵן, וְהַמְרַקֵּד. הַיְינוּ זוֹרֶה, הַיְינוּ בּוֹרֵר, הַיְינוּ מְרַקֵּד. אַבָּיֵי וְרָבָא דְּאָמְרִי תַּרְוַיְיהוּ: כׇּל מִילְּתָא דַּהֲוַאי בְּמִשְׁכָּן, אַף עַל גַּב דְּאִיכָּא דְּדָמְיָא לַהּ — חָשֵׁיב לַהּ. וְלִיחְשֹׁב נָמֵי כּוֹתֵשׁ! אָמַר אַבָּיֵי: שֶׁכֵּן עָנִי אוֹכֵל פִּתּוֹ בְּלֹא כְּתִישָׁה. רָבָא אָמַר: הָא מַנִּי — רַבִּי הִיא, דְּאָמַר אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת, וְאִי חָשֵׁיב כּוֹתֵשׁ הָוְיָא לֵיהּ אַרְבָּעִים. וְלַיפֵּיק חֲדָא מֵהָנָךְ וּלְעַיֵּיל כּוֹתֵשׁ! אֶלָּא מְחַוַּורְתָּא כִּדְאַבָּיֵי.
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, even though there is a different labor that is similar to it, the mishna enumerated it. Every labor that was performed in the Tabernacle is significant. The Gemara asks: And let him enumerate the labor of pounding as well, as wheat was pounded to remove its outer kernel in the Tabernacle. Abaye said: The labor of pounding is not one of the essential stages in the baking of bread, as paupers eat their bread without pounding the wheat to remove the bran. Therefore, since the tanna enumerated threshing, there was no need to include pounding among the labors enumerated in the breadmaking process. Rava said a different explanation: Who is the tanna of this mishna? It is Rabbi Yehuda HaNasi, who said: The primary categories of labor are forty-less-one, a number derived from a textual allusion. Therefore, the list cannot be expanded. And had the tanna enumerated pounding, there would be forty labors rather than thirty-nine. The Gemara asks: And let him take out one of these, selecting or winnowing, and insert pounding, thereby leaving the number intact. Rather, the reason that the tanna did not include pounding is clear, according to the explanation of Abaye.
אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: מְקוֹשֵׁשׁ, מַעֲבִיר אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים הֲוָה. בְּמַתְנִיתָא תָּנָא: תּוֹלֵשׁ הֲוָה. רַב אַחָא בְּרַבִּי יַעֲקֹב אָמַר: מְעַמֵּר הֲוָה. לְמַאי נָפְקָא מִינַּהּ? לְכִדְרַב, דְּאָמַר רַב: מָצָאתִי מְגִלַּת סְתָרִים בֵּי רַבִּי חִיָּיא וְכָתוּב בָּהּ, אִיסִי בֶּן יְהוּדָה אוֹמֵר: אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת וְאִם עֲשָׂאָן כּוּלָּן בְּהֶעְלֵם אַחַת וְאֵינוֹ חַיָּיב אֶלָּא אַחַת. אַחַת וְתוּ לָא? וְהָתְנַן: אֲבוֹת מְלָאכוֹת אַרְבָּעִים חָסֵר אַחַת, וְהָוֵינַן בַּהּ: מִנְיָינָא לְמָה לִי? וְאָמַר רַבִּי יוֹחָנָן: שֶׁאִם עֲשָׂאָן כּוּלָּם בְּהֶעְלֵם אַחַת — חַיָּיב עַל כׇּל אַחַת וְאַחַת. אֵימָא: אֵינוֹ חַיָּיב עַל אַחַת מֵהֶם. רַב יְהוּדָה פְּשִׁיטָא לֵיהּ דְּהַמַּעֲבִיר חַיָּיב, וּמַתְנִיתִין פְּשִׁיטָא לֵיהּ דְּתוֹלֵשׁ חַיָּיב, וְרַב אַחָא בַּר יַעֲקֹב פְּשִׁיטָא לֵיהּ דִּמְעַמֵּר חַיָּיב. מָר סָבַר הָא מִיהַת לָא מְסַפְּקָא, וּמָר סָבַר הָא מִיהַת לָא מְסַפְּקָא. תָּנוּ רַבָּנַן: מְקוֹשֵׁשׁ זֶה צְלָפְחָד, וְכֵן הוּא אוֹמֵר: ״וַיִּהְיוּ בְנֵי יִשְׂרָאֵל בַּמִּדְבָּר וַיִּמְצְאוּ אִישׁ וְגוֹ׳״, וּלְהַלָּן הוּא אוֹמֵר: ״אָבִינוּ מֵת בַּמִּדְבָּר״, מַה לְּהַלָּן צְלָפְחָד, אַף כָּאן צְלָפְחָד — דִּבְרֵי רַבִּי עֲקִיבָא. אָמַר לוֹ רַבִּי יְהוּדָה בֶּן בְּתִירָא: עֲקִיבָא, בֵּין כָּךְ וּבֵין כָּךְ אַתָּה עָתִיד לִיתֵּן אֶת הַדִּין: אִם כִּדְבָרֶיךָ — הַתּוֹרָה כִּיסַּתּוּ, וְאַתָּה מְגַלֶּה אוֹתוֹ?! וְאִם לָאו — אַתָּה מוֹצִיא לַעַז עַל אוֹתוֹ צַדִּיק. וְאֶלָּא הָא גָּמַר גְּזֵירָה שָׁוָה! גְּזֵירָה שָׁוָה לָא גָּמַר. אֶלָּא מֵהֵיכָא הֲוָה? מִ״וַּיַּעְפִּילוּ״ הֲוָה.
Rav Yehuda said that Shmuel said: The wood gatherer who was sentenced to death for desecrating Shabbat (see Numbers 15:33–36) was one who carried four cubits in the public domain. He was stoned for performing the prohibited labor of carrying. It was taught in a baraita: He was one who detached still-growing branches. He was stoned for performing the prohibited labor of detaching. Rav Aḥa, son of Rabbi Ya’akov, said: He was one who gathered sticks together into a pile. The Gemara asks: What is the practical ramification of determining precisely which prohibited labor the wood gatherer performed? The Gemara answers: The ramification is with regard to the statement of Rav, as Rav said: I found a hidden scroll in the house of Rabbi Ḥiyya. And in it, it is written that Isi ben Yehuda says: The number of primary categories of labor prohibited on Shabbat is forty-less-one. And if one performed all of them in the course of one lapse of awareness, he is liable to bring only one sin-offering. The Gemara asks: One and no more? We learned in a mishna: The number of primary categories of prohibited labors on Shabbat is forty-less-one, which the mishna proceeds to list. And we discussed this mishna: Why do I need this tally of forty-less-one? And Rabbi Yoḥanan said: The tally was included to teach that if one performed all 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. This citation from the hidden scroll cannot be accurate. Rather, emend this statement in the hidden scroll and say that one is not liable for one of them. There is a primary category of labor among the thirty-nine primary categories of prohibited labor whose violation does not incur the death penalty. The identity of this category that is not punishable by death was not specified. It is obvious to Rav Yehuda that one who carries four cubits in the public domain is liable to receive the death penalty. And it is obvious to the baraita that one who detaches is liable to receive the death penalty. And it is obvious to Rav Aḥa bar Ya’akov that one who gathers is liable to receive the death penalty. In other words, this Master maintains: With regard to this labor, in any case, there is no uncertainty. And this Master maintains: With regard to that labor, in any case, there is no uncertainty. Each Sage maintains that the prohibited labor that he attributed to the wood gatherer incurs the death penalty and is certainly not the labor referred to in the hidden scroll. On the topic of the wood gatherer, the Gemara cites that which the Sages taught in a baraita: The wood gatherer mentioned in the Torah was Zelophehad, and it says: “And the children of Israel were in the desert and they found a man gathering wood on the day of Shabbat” (Numbers 15:32), and below, in the appeal of the daughters of Zelophehad, it is stated: “Our father died in the desert and he was not among the company of them that gathered themselves together against the Lord in the company of Korah, but he died in his own sin, and he had no sons” (Numbers 27:3). Just as below the man in the desert is Zelophehad, so too, here, in the case of the wood gatherer, the unnamed man in the desert is Zelophehad; this is the statement of Rabbi Akiva. Rabbi Yehuda ben Beteira said to him: Akiva, in either case you will be judged in the future for this teaching. If the truth is in accordance with your statement that the wood gatherer was Zelophehad, the Torah concealed his identity, and you reveal it. And if it the truth is not in accordance with your statement, you are unjustly slandering that righteous man. The Gemara asks: However, didn’t Rabbi Akiva derive this by means of a verbal analogy? The Gemara answers: Rabbi Yehuda ben Beteira did not learn a verbal analogy. Rabbi Yehuda ben Beteira had no tradition of this verbal analogy from his teachers, and therefore he disagreed with Rabbi Akiva’s conclusion. The Gemara asks: However, according to Rabbi Yehuda ben Beteira, from where was Zelophehad’s liability derived? Why was he executed? The Gemara answers: Zelophehad was among those who “presumed to ascend to the top of the mountain” (Numbers 14:44) in the wake of the sin of the spies.
מתני׳ ארבעה אבות נזיקין השור והבור והמבעה וההבער לא הרי השור כהרי המבעה ולא הרי המבעה כהרי השור ולא זה וזה שיש בהן רוח חיים כהרי האש שאין בו רוח חיים ולא זה וזה שדרכן לילך ולהזיק כהרי הבור שאין דרכו לילך ולהזיק הצד השוה שבהן שדרכן להזיק ושמירתן עליך וכשהזיק חב המזיק לשלם תשלומי נזק במיטב הארץ: גמ׳ מדקתני אבות מכלל דאיכא תולדות תולדותיהן כיוצא בהן או לאו כיוצא בהן גבי שבת תנן אבות מלאכות ארבעים חסר אחת אבות מכלל דאיכא תולדות תולדותיהן כיוצא בהן לא שנא אב חטאת ולא שנא תולדה חטאת לא שנא אב סקילה ולא שנא תולדה סקילה ומאי איכא בין אב לתולדה נפקא מינה דאילו עביד שתי אבות בהדי הדדי אי נמי שתי תולדות בהדי הדדי מחייב אכל חדא וחדא ואילו עביד אב ותולדה דידיה לא מחייב אלא חדא ולרבי אליעזר דמחייב אתולדה במקום אב אמאי קרי ליה אב ואמאי קרי לה תולדה הך דהוה במשכן חשיבא קרי ליה אב הך דלא הוי במשכן חשיבא קרי לה תולדה
MISHNA: There are four primary categories of damage: The category of Ox; and the category of Pit; and the category of Maveh, which, based on a discussion in the Gemara refers either to the tooth of an animal that causes damage or to a person who causes damage; and the category of Fire. Each of these categories is unique; therefore, the halakhot of one cannot be derived from another. The defining characteristic of the primary category of Ox is not similar to the defining characteristic of the primary category of Maveh, and the defining characteristic of the primary category of Maveh is not similar to the defining characteristic of the primary category of Ox. And the defining characteristics of this category of Ox and that category of Maveh, in which there is a living spirit that causes damage, are not similar to the defining characteristic of the category of Fire, in which there is no living spirit. The mishna continues: And the defining characteristics of this primary category of Ox and Maveh and that primary category of Fire, in which the typical manner of their components is to proceed from one place to another and cause damage, are not similar to the defining characteristic of the primary category of Pit, in which the typical manner of its components is not to proceed from one place to another and cause damage; rather, it remains in place and the damage is caused by the injured party proceeding and encountering the obstacle. The common denominator of the components in all of these primary categories is that it is their typical manner to cause damage, and the responsibility for their safeguarding to prevent them from causing damage is incumbent upon you, the owner of the animal or generator of the fire or the pit. And when a component of any of these categories causes damage, the owner or generator of the component that caused the damage is obligated to pay restitution for damage with best-quality land. GEMARA: From the fact that the mishna teaches its ruling employing the term: Primary categories, by inference, there are subcategories of those primary categories. The Gemara asks: Are their subcategories similar to them, i.e., to their respective primary categories, so that the same halakhot apply to them, or are they dissimilar to them? The Gemara cites additional areas of halakha where there are primary categories and subcategories and considers the relationship between them: With regard to Shabbat we learned in a mishna (Shabbat 73a): The primary categories of labor prohibited on Shabbat number forty-less-one. There too, from the fact that the mishna teaches its ruling employing the term: Primary categories, by inference, there are also subcategories. With regard to the primary categories of labor prohibited on Shabbat, their subcategories are similar to them, as it is no different if one unwittingly performed labor that is a primary category, for which he is liable to bring a sin-offering, and it is no different if one unwittingly performed labor that is a subcategory, for which he is liable to bring a sin-offering. Likewise, it is no different if one intentionally performed labor that is a primary category, for which he is liable to be executed by stoning, and it is no different if one intentionally performed labor that is a subcategory, for which he is liable to be executed by stoning. And what difference is there between a primary category and a subcategory? The Gemara explains: The practical difference is that if one unwittingly performs two labors classified as different primary categories together, during a single lapse of awareness, or, alternatively, if one unwittingly performs two labors classified as subcategories of two different primary categories together, during a single lapse of awareness, one is liable to bring a sin-offering for each and every labor that he performed. Each primary category of labor is an independent transgression. While if one unwittingly performs a labor that is a primary category and another labor classified as its subcategory during a single lapse of awareness, he is liable to bring only one sin-offering. The Gemara asks: And according to Rabbi Eliezer, who deems one liable to bring two sin-offerings even if one performs a labor classified as a subcategory together with a labor that is its primary category, why is one labor characterized as a primary category and why is the other labor characterized as a subcategory? The Gemara explains: Of the labors prohibited on Shabbat, that which was a significant labor in the Tabernacle, the Sages characterized it as a primary category, and that which was not a significant labor in the Tabernacle, the Sages characterized it as a subcategory. The labors prohibited on Shabbat are derived from the labors employed in the construction of the Tabernacle; therefore, their classification is also based on their significance in its construction.