פרקי משניות לע"נ חיים בן יעקב ז"ל טופול נפטר ט"ז אדר תשפ"ג

(1) From a barrel of wine or oil that broke on Shabbat, one may rescue from it food sufficient for three meals, and one may also say to others: Come and rescue food for yourselves. This applies provided that one does not soak up the wine or oil with a sponge or rag, due to the prohibition of squeezing. One may not squeeze fruits on Shabbat in order to extract liquids from them. And if liquids seeped out on their own, it is prohibited to use them on Shabbat. Rabbi Yehuda says: If the fruits were designated for eating, the liquid that seeps from them on Shabbat is permitted. There is no concern lest one purposely squeeze liquids from fruit that is designated for eating. And if the fruits were originally designated for liquids, the liquids that seep from them on Shabbat are prohibited. In the case of honeycombs that one crushed on Shabbat eve, and honey and wax seeped from them on their own on Shabbat, they are prohibited, and Rabbi Eliezer permits using them.

(2) Any salted food item that was already placed in hot water, i.e., cooked, before Shabbat, one may soak it in hot water even on Shabbat. And anything that was not placed in hot water before Shabbat, one may rinse it in hot water on Shabbat but may not soak it, with the exception of old salted fish and small salted fish and the kolyas ha’ispanin fish, for which rinsing with hot water itself is completion of the prohibited labor of cooking.

(3) A person may break a barrel on Shabbat in order to eat dried figs from it, provided he does not intend to make a vessel. And one may not perforate the plug of a barrel to extract wine from it; rather, one must remove the plug entirely to avoid creating a new opening for the barrel. This is the statement of Rabbi Yehuda. And the Rabbis permit puncturing the plug, but they too restrict this leniency and say that one may not perforate the plug of the barrel on its side. And if it was already perforated, one may not apply wax to it to seal the hole, because in doing so he spreads the wax evenly on the barrel and thereby violates the prohibited labor of smoothing. Rabbi Yehuda said: An incident of that kind came before Rabban Yoḥanan ben Zakkai in the city of Arav, and he said: I am concerned for him, because he may be liable to bring a sin-offering as a result of this.

(4) One may place a cooked dish into an empty pit on Shabbat so that it will be protected from the heat, and similarly, one may place good potable water into a vessel and place the vessel into bad, non-potable water so that the potable water will cool off. And one may also place cold water out in the sun so that it will be heated. They also taught: Someone whose garments fell into water while walking on the road may replace them and continue to walk wearing them and need not be concerned about violating the prohibitions against wringing or laundering. When he reaches the outer courtyard of a place where he can leave his clothes, he spreads them in the sun to dry, but not opposite the masses, as they will suspect him of laundering on Shabbat.

(5) One who bathes on Shabbat in a ritual bath formed by cave water or in the water of Tiberias and dried himself even with ten towels may not carry them in his hand, lest he forget that it is Shabbat and wring the water from them. However, ten people may use one towel to dry their faces, hands, and feet, and may carry them in their hands. Even though in this case the towel would be quite wet, it is permitted to handle the towel because there are several people present, and they will remind each other that it is prohibited to wring a towel on Shabbat.

(6) Apropos the waters of Tiberias, the mishna discusses the halakhot of bathing and medicine on Shabbat. One may smear oil on his body and gently rub his body with his hand; however, one may not exert himself with vigorous massage or by means of exercise in order to benefit from the therapeutic effects of sweating; and one may not scrape the oil off with a scraper. Additionally, one may not go into a swampy river [kurdima], on Shabbat. And one may not make a drug to induce vomiting, nor may one align a young infant’s bones to straighten them, nor may one reset a break in a bone. One whose hand or foot was dislocated may not move them about vigorously in cold water, which is the standard method of treatment; however, one may wash the limb in the typical manner, and if one is cured through this washing, he is cured.

(1) On Yom Kippur, the day on which there is a mitzva by Torah law to afflict oneself, it is prohibited to engage in eating and in drinking, and in bathing, and in smearing oil on one’s body, and in wearing shoes, and in conjugal relations. However, the king, in deference to his eminence, and a new bride within thirty days of her marriage, who wishes to look especially attractive at the beginning of her relationship with her husband, may wash their faces on Yom Kippur. A woman after childbirth, who is suffering, may wear shoes because going barefoot causes her pain. This is the statement of Rabbi Eliezer. The Rabbis prohibit these activities for a king, a new bride, and a woman after childbirth.

(2) The mishna elaborates: One who eats a large date-bulk of food, equivalent to a date and its pit, or who drinks a cheekful of liquid on Yom Kippur is liable to receive the punishment of karet for failing to fulfill the mitzva to afflict oneself on Yom Kippur. All foods that one eats join together to constitute a date-bulk; and all liquids that one drinks join together to constitute a cheekful. However, if one eats and drinks, the food and beverage do not join together to constitute a measure that determines liability, as each is measured separately.

(3) If one ate and drank unwittingly within one lapse of awareness, e.g., he forgot that it is Yom Kippur, he is liable to bring only one sin-offering. However, if he ate and performed labor unwittingly, he is liable to bring two sin-offerings, as by doing so he violated two separate prohibitions. If he ate foods that are not fit for eating, or drank liquids that are not fit for drinking, or drank fish brine or the briny liquid in which fish are pickled, he is exempt, as that is not the typical manner of eating or drinking.

(4) With regard to the children, one does not afflict them by withholding food on Yom Kippur; however, one trains them one year before or two years before they reach majority, by means of a partial fast lasting several hours, so that they will be accustomed to fulfill mitzvot.

(5) With regard to a pregnant woman who smelled food and was overcome by a craving to eat it, one feeds her until she recovers, as failure to do so could lead to a life-threatening situation. If a person is ill and requires food due to potential danger, one feeds him according to the advice of medical experts who determine that he indeed requires food. And if there are no experts there, one feeds him according to his own instructions, until he says that he has eaten enough and needs no more.

(6) In the case of one who is seized with the life-threatening illness bulmos, causing him unbearable hunger pangs and impaired vision, one may feed him even impure foods on Yom Kippur or any other day until his eyes recover, as the return of his sight indicates that he is recovering. In the case of one whom a mad dog bit, one may not feed him from the lobe of the dog’s liver. This was thought to be a remedy for the bite, but the Rabbis deem it ineffective. And Rabbi Matya ben Ḥarash permits feeding it to him, as he deems it effective. And furthermore, Rabbi Matya ben Ḥarash said: With regard to one who suffers pain in his throat, one may place medicine inside his mouth on Shabbat, although administering a remedy is prohibited on Shabbat. This is because there is uncertainty whether or not it is a life-threatening situation for him, as it is difficult to ascertain the severity of internal pain. And a case of uncertainty concerning a life-threatening situation overrides Shabbat.

(7) Similarly, with regard to one upon whom a rockslide fell, and there is uncertainty whether he is there under the debris or whether he is not there; and there is uncertainty whether he is still alive or whether he is dead; and there is uncertainty whether the person under the debris is a gentile or whether he is a Jew, one clears the pile from atop him. One may perform any action necessary to rescue him from beneath the debris. If they found him alive after beginning to clear the debris, they continue to clear the pile until they can extricate him. And if they found him dead, they should leave him, since one may not desecrate Shabbat to preserve the dignity of the dead.

(8) A sin-offering, which atones for unwitting performance of transgressions punishable by karet, and a definite guilt-offering, which is brought for robbery and misuse of consecrated items, atone for those sins. Death and Yom Kippur atone for sins when accompanied by repentance. Repentance itself atones for minor transgressions, for both positive mitzvot and negative mitzvot. And repentance places punishment for severe transgressions in abeyance until Yom Kippur comes and completely atones for the transgression.

(9) With regard to one who says: I will sin and then I will repent, I will sin and I will repent, Heaven does not provide him the opportunity to repent, and he will remain a sinner all his days. With regard to one who says: I will sin and Yom Kippur will atone for my sins, Yom Kippur does not atone for his sins. Furthermore, for transgressions between a person and God, Yom Kippur atones; however, for transgressions between a person and another, Yom Kippur does not atone until he appeases the other person. Similarly, Rabbi Elazar ben Azarya taught that point from the verse: “From all your sins you shall be cleansed before the Lord” (Leviticus 16:30). For transgressions between a person and God, Yom Kippur atones; however, for transgressions between a person and another, Yom Kippur does not atone until he appeases the other person. In conclusion, Rabbi Akiva said: How fortunate are you, Israel; before Whom are you purified, and Who purifies you? It is your Father in Heaven, as it is stated: “And I will sprinkle purifying water upon you, and you shall be purified” (Ezekiel 36:25). And it says: “The ritual bath of Israel is God” (Jeremiah 17:13). Just as a ritual bath purifies the impure, so too, the Holy One, Blessed be He, purifies Israel.

(1) The beginning of tractate Berakhot, the first tractate in the first of the six orders of Mishna, opens with a discussion of the recitation of Shema, as the recitation of Shema encompasses an acceptance of the yoke of Heaven and of the mitzvot, and as such, forms the basis for all subsequent teachings. The Mishna opens with the laws regarding the appropriate time to recite Shema:

From when, that is, from what time, does one recite Shema in the evening? From the time when the priests enter to partake of their teruma. Until when does the time for the recitation of the evening Shema extend? Until the end of the first watch. The term used in the Torah (Deuteronomy 6:7) to indicate the time for the recitation of the evening Shema is beshokhbekha, when you lie down, which refers to the time in which individuals go to sleep. Therefore, the time for the recitation of Shema is the first portion of the night, when individuals typically prepare for sleep. That is the statement of Rabbi Eliezer. The Rabbis say: The time for the recitation of the evening Shema is until midnight. Rabban Gamliel says: One may recite Shema until dawn, indicating that beshokhbekha is to be understood as a reference to the entire time people sleep in their beds, the whole night. The mishna relates that Rabban Gamliel practiced in accordance with his ruling. There was an incident where Rabban Gamliel’s sons returned very late from a wedding hall. They said to him, as they had been preoccupied with celebrating with the groom and bride: We did not recite Shema. He said to them: If the dawn has not yet arrived, you are obligated to recite Shema. Since Rabban Gamliel’s opinion disagreed with that of the Rabbis, he explained to his sons that the Rabbis actually agree with him, and that it is not only with regard to the halakha of the recitation of Shema, but rather, wherever the Sages say until midnight, the mitzva may be performed until dawn. Rabban Gamliel cites several cases in support of his claim, such as the burning of fats and limbs on the altar. Due to the quantity of offerings each day, the priests were often unable to complete the burning of all of the fats and limbs, so they continued to be burned into the night, as it is written: “This is the law of the burnt offering: The burnt offering shall remain upon the pyre on the altar all night until morning, while the fire on the altar burns it” (Leviticus 6:2). And, with regard to all sacrifices, such as the sin-offerings and the guilt-offerings that are eaten for one day and night; although the Sages state that they may be eaten only until midnight, by Torah law they may be eaten until dawn. This is in accordance with the verse: “On the day on which it is offered must you eat. Do not leave it until the morning” (Leviticus 7:15). If so, why did the Sages say that they may be eaten only until midnight? This is in order to distance a person from transgression, as if one believes that he has until dawn to perform the mitzva, he might be negligent and postpone it until the opportunity to perform the mitzva has passed.

(2) From when does one recite Shema in the morning? From when a person can distinguish between sky-blue [tekhelet] and white.
Rabbi Eliezer says: From when one can distinguish between sky-blue and leek-green.
And one must finish reciting Shema until the end of the period when you rise, i.e., sunrise, when the sun begins to shine.
Rabbi Yehoshua says: One may recite the morning Shema until three hours of the day, which this is still considered when you rise, as that is the habit of kings to rise from their sleep at three hours of the day. While there is a set time frame for the recitation of Shema, one who recites Shema from that time onward loses nothing. Although he does not fulfill the mitzva of reciting of Shema at its appointed time, he is nevertheless considered like one who reads the Torah, and is rewarded accordingly.

(3) Beit Shammai and Beit Hillel disputed the proper way to recite Shema. Beit Shammai say: One should recite Shema in the manner indicated in the text of Shema itself. Therefore, in the evening every person must recline on his side and recite Shema, in fulfillment of the verse: “When you lie down,” and in the morning he must stand and recite Shema, in fulfillment of the verse: When you rise, as it is stated: “When you lie down, and when you rise.” And Beit Hillel say: Every person recites Shema as he is, and he may do so in whatever position is most comfortable for him, both day and night, as it is stated: “And when you walk along the way,” when one is neither standing nor reclining (Me’iri). If so, according to Beit Hillel, why was it stated: “When you lie down, and when you rise”? This is merely to denote time; at the time when people lie down and the time when people rise. With regard to this halakha, Rabbi Tarfon said: Once, I was coming on the road when I stopped and reclined to recite Shema in accordance with the statement of Beit Shammai. Although Rabbi Tarfon was a disciple of Beit Hillel, he thought that fulfilling the mitzva in accordance with the opinion of Beit Shammai would be a more meticulous fulfillment of the mitzva, acceptable to all opinions. Yet in so doing, I endangered myself due to the highwaymen [listim] who accost travelers. The Sages said to him: You deserved to be in a position where you were liable to pay with your life, as you transgressed the statement of Beit Hillel. This statement will be explained in the Gemara.

(4) From the laws of the recitation of Shema itself, the mishna proceeds to discuss the blessings recited in conjunction with Shema. Here, the order is established: In the morning when reciting Shema, one recites two blessings beforehand, the first on the radiant lights and the second the blessing on the love of Torah, and one thereafter, which begins with: True and Firm [emet veyatziv]. And in the evening one recites two blessings beforehand, on the radiant lights and on the love of God, and two thereafter, the blessing of redemption: True and Faithful [emet ve’emuna], and the blessing: Help us lie down. With regard to the blessing: True and Faithful, whether one recites it in its long formula and whether one recites it in its short formula, he fulfills his obligation (Tosafot). However, the general principle is: Where the Sages said to recite a long blessing, one may not shorten it, and so too, wherever they said to recite a short blessing, one may not lengthen it. Where the Sages said that a blessing must conclude with a second blessing at the end, he may not fail to conclude with that blessing. Similarly, if the Sages said that a blessing must not conclude with a second blessing, one may not conclude with a blessing.

(5) It is a mitzva by Torah law to mention the exodus from Egypt at night, but some held that this mitzva was, like phylacteries or ritual fringes, fulfilled only during the day and not at night. For this reason it was decided: The exodus from Egypt is mentioned at night, adjacent to the recitation of Shema. Rabbi Elazar ben Azarya said: I am approximately seventy years old, and although I have long held this opinion, I was never privileged to prevail (Me’iri) and prove that there is a biblical obligation to fulfill the accepted custom (Ra’avad) and have the exodus from Egypt mentioned at night, until Ben Zoma interpreted it homiletically and proved it obligatory. Ben Zoma derived it as it is stated: “That you may remember the day you went out of the land of Egypt all the days of your life” (Deuteronomy 16:3). The days of your life, refers to daytime alone; however, the addition of the word all, as it is stated: All the days of your life, comes to add nights as well. And the Rabbis, who posit that there is no biblical obligation to mention the exodus from Egypt at night, explain the word, all, differently and say: The days of your life, refers to the days in this world, all is added to include the days of the Messiah.