1. A person who makes a hole that can be used as an entrance and as an exit - e.g., a hole in a chicken coop that is used to allow light to enter and to allow foul air to leave - is liable [for performing the forbidden labor] of dealing [the final] hammer blow.¹See Chapter 10, Halachah 16. Note, however, Halachah 14 of that chapter, which mentions making a hole in a chicken coop in connection with the forbidden labor of building.

Accordingly, [the Sages instituted] a decree [forbidding] the opening of any hole, even one intended to be used only as an outlet or only as an inlet, lest one open a hole for which one is liable.²Accordingly, many authorities forbid opening cans or bags on the Sabbath. The more lenient opinions, which allow this, base themselves on the concept that after the contents are removed from the can or bag, it is no longer considered a useful article. Alternatively, these opinions maintain that the can is considered to be a utensil even before it is opened, and the cover is not at all significant. For this reason, it is forbidden to make a new hole in a cask or to widen an existing one.³The Shulchan Aruch (Orach Chayim 314:1) states that this restriction applies only when the person has the intent to widen the hole. If he does not have this intent, there is no prohibition. As an example, that text mentions a knife inserted into a barrel, even though the hole may be widened when the knife is removed; since that is not one's intent, there is no prohibition involved. The Ramah emphasizes, however, that this leniency applies only when it is not a certainty (פסיק רישא) that the hole will be opened further. One may, however, open an existing hole [that has been plugged].⁴The Shulchan Aruch (loc. cit.:3) quotes the opinion of the Kolbo, which states that this leniency applies only regarding barrels of earthenware. A hole made in a wooden barrel which is tightly plugged may not be opened.

[The above leniency applies] provided the hole is not located below the level of the dregs [in the cask],⁵Shabbat 146a mentions three levels where holes might be made: a) a hole above the level of the wine. This is intended merely to protect the fragrance of the wine.

b) a hole in the middle of the wine. Since the wine is not entirely above the hole, it needed not be fastened so tightly. This is the subject of the present clause.

c) a hole below the dregs. This is the subject of the following clause. for a hole made below the level of the dregs is intended to hold fast.⁶Since the entire weight of the wine rests on this hole, it must be fastened very tightly. Accordingly, opening it is considered tantamount to opening a new hole. [Therefore,] it is forbidden to open it.

2. One may make a hole in the seal⁷Barrels would be sealed closed with clay that was spread out and hardened at their opening. of a cask in order to pour out wine from it, provided one opens it from the top.⁸Opening the seal in this irregular manner clearly indicates that one did not intend to fashion an opening. An opening is generally not located on the top of a cask (Shulchan Aruch, loc. cit.:6). It is, however, forbidden to open it from the side [of the seal],⁹A careful reading of the Rambam's wording indicates the need for this bracketed addition (Maggid Mishneh). Significantly, this represents a reversal of the Rambam's approach in his Commentary on the Mishnah (Shabbat 22:3), where he mentions making a hole in the side of the barrel. for this resembles making a utensil.

A person may break a barrel¹⁰The Shulchan Aruch (loc. cit.:1) states that it is forbidden to break a complete barrel. Just as one is liable for performing the forbidden labor of building when fashioning a vessel, one is liable for performing the forbidden labor of demolishing when destroying one. Although one is not liable unless one breaks the barrel as a constructive act, even when one's intent is destructive, doing so is forbidden by Rabbinic decree (Shulchan Aruch HaRav 314:1; Mishnah Berurah 314:7). There are, however, later authorities who follow the Rambam's ruling, which permits destroying a utensil if one does not fashion it into a different utensil in the process. to eat dried figs contained in it, provided he does not intend to make a utensil.¹¹Were one to make a carefully perforated hole, one would be fashioning it into a utensil (Rashi, Shabbat 146a). Similarly, a person may bring a cask of wine and slash its top off with a sword¹²Although a sword may not usually be carried on the Sabbath, it may be handled to perform a task that is permitted (Mishnah Berurah 314:24). for his guests¹³The Mishnah Berurah 314:25 states that this leniency applies only when guests are present. without any concern [about the above restrictions], for his intent is [not to make a utensil, but solely] to show his feelings of generosity.

3. Just as it is forbidden to open any hole, so too, is it forbidden to close any hole.¹⁴This is also a restriction imposed, lest one complete the construction of a utensil. Therefore, it is forbidden to close a hole in a barrel, even when one employs an article that need not be spread,¹⁵See Halachah 11 of this chapter and also Chapter 11, Halachah 6. or one that will not lead to squeezing - ¹⁶See Chapter 22, Halachah 15. e.g., to plug it with a piece of wood or with a small stone.¹⁷Significantly, the Shulchan Aruch (Orach Chayim 314:11) follows the opinion of Rabbenu Asher and others, who maintain that one is allowed to close a barrel with a stone or a piece of wood, provided that one does not close it when wine is flowing out. The later authorities (Shulchan Aruch HaRav 314:20; Mishnah Berurah 314:47), however, differ, and rule that the Rambam's decision should be followed.

One may, however, store food [by placing it the opening of the barrel]. This is permitted even though, in the process, the barrel is stopped up. It is permitted to act with guile in this matter.¹⁸Based on Shabbat 139b, many other authorities, including the Shulchan Aruch (loc. cit.), grant this leniency only to a Torah Sage, but not to a common person. Moreover, since Torah Sages of the caliber of those of the Talmudic era do not exist at present, there are authorities who do not permit this leniency at all in the present era.

4. [Performing] any action that completes the fashioning [of an object] causes one to be liable for [the forbidden labor of] dealing the final blow. For this reason, a person who files [the smallest amount of an object] or who repairs an article in any way is liable.¹⁹See Chapter 10, Halachah 16.

Accordingly, it is forbidden to sound musical tones on the Sabbath, whether using a musical instrument - e.g., a harp or a lyre - or using another object. It is even forbidden to tap with one's fingers on the ground or on a board,²⁰See the Hagahot Maimoniot, which states that one may knock on a door, because this is not a musical tone. Although there are stringent opinions, common practice is to follow the more lenient view. to snap one's fingers rhythmically²¹Our translation is taken from the Mishnah Berurah 339:9. (See also the Be'ur Halachah, which mentions that some versions of the Mishneh Torah omit the Hebrew word או. According to this version, the meaning would be "to bang rhythmically on a board as singers do.") as singers do,²²Note the Mishnah Berurah (ibid.), which cites authorities who interpret the phrase "rhythmically as singers do" as an exclusion. These opinions maintain that snapping one's fingers to catch a colleague's attention is not forbidden. Nevertheless, it is common practice to act stringently and not to snap one's fingers at all. to shake a nut [like a rattle] for a child, or to ring a bell to quiet [a child]. All of these [restrictions were instituted as] a decree, lest one repair a musical instrument.

5. We may not drum, nor dance, nor clap hands on the Sabbath.²³Note the Ramah (Orach Chayim 339:3), who states that it is customary to allow clapping one's hands and dancing on the Sabbath and holidays. The rationale for this leniency is that today most people are not able to repair a musical instrument, and thus the rationale for our Sages' decree is no longer applicable.

It must, however, be noted that this leniency is granted only with regard to dancing and clapping hands, not playing drums or performing any of the activities mentioned in the previous halachah. Even dancing and clapping hands is allowed only in rejoicing associated with a mitzvah (Mishnah Berurah 339:10). [These are] decrees, [instituted] lest one repair a musical instrument. One may, however, clap using the back of one's hands.

One may not swim²⁴Although bathing is permitted, as above (Chapter 22, Halachah 20), swimming is not. in water. [This is] a decree, instituted lest one make a float. It is permitted to swim in a pool in one's courtyard,²⁵If the pool is located in the public domain, it is forbidden to swim within it for another reason: It is possible that one will spray water for more than four cubits (Mishnah Berurah 339:4). provided the pool has an edge jutting up so that the water does not flow out of it. This serves as a distinguishing factor between a pool and the sea.

6. One may not cut a reed, since this resembles preparing a utensil.²⁶As the Rambam continues to mention, the reed serves as a spigot through which water flowing from a cask can be directed. If [a reed] is cut²⁷Opened at the ends so that the wine can flow through it like a pipe. [before the commencement of the Sabbath], even though it has not been adjusted,²⁸Measured and trimmed to fit the barrel. This leniency is granted even if this reed has never been used for this purpose before (Shulchan Aruch, Orach Chayim 314:5). it may be inserted into a hole in the barrel on the Sabbath. We are not concerned that one might adjust it.

It is forbidden to place a myrtle leaf or the like in the opening of a cask so that the wine will flow through it, since this resembles making a faucet²⁹In contrast to the reed mentioned above, which must merely be inserted into the barrel, it is necessary to fold the leaf and adjust it so that the wine will flow through (Shulchan Aruch, loc. cit.). on the Sabbath.³⁰Rabbenu Asher and others follow the opinion of other Sages (Shabbat 146b), who explain that the reason for this decree is concern that one might pick a leaf on the Sabbath to use for this purpose. According to that opinion, if before the commencement of the Sabbath one has available many leaves that have been picked, one may use them for this purpose.

In the Kessef Mishneh, Rav Yosef Karo defends the Rambam's ruling, and he quotes it in the Shulchan Aruch (loc. cit.). The Ramah, however, quotes Rabbenu Asher's view. We may not break a shard or tear a piece of paper,³¹The Maggid Mishneh and others cite Beitzah 4:4, which states that these items were used as makeshift frying pans. (Note the Rambam's Commentary on the Mishnah and Hilchot Sh'vitat Yom Tov 4:8.) Rav Kapach, however, raises the question: Since frying is forbidden on the Sabbath, of what use would these articles be? since this resembles preparing a utensil.

7. One may draw water using a branch that is tied to the cup [used to draw water from the well]. If it is not tied to the cup, we may not draw water with it. [This is] a decree, [instituted] lest one trim [the branch] and adjust it.

It is forbidden to polish silverware with greitikon,³²A white powder, referred to as alum or tartar which serves as a natural polish. because this makes it shine as if it had been treated by a craftsman. Thus, it appears as if one is repairing a utensil and completing one's work on the Sabbath.³³Rashi (Shabbat 50a) and other commentaries differ and state that the prohibition stems from the forbidden labor of removing hair. One may, however, polish it with sand³⁴See Shulchan Aruch HaRav 323:11 and the Mishnah Berurah 323:38, which mention several restrictions regarding the use of sand for this purpose. and neter.³⁵In his Commentary on the Mishnah (Keilim 2:1), the Rambam describes neter as a blue pumice stone used for detergent purposes. (See also Hilchot Issurei Bi'ah 9:37.) It must noted that sodium is called natrium in Latin. This has led some to think that the intent is sodium bicarbonate, a natural cleanser. Similarly, all [other] utensils may be polished with any substance.

It is forbidden to wash plates, cooking dishes, or the like, because it is as if one is improving them,³⁶The Ra'avad differs with the Rambam concerning the rationale for this restriction, explaining that it is not associated with the forbidden labor of dealing the final blow. Instead, it is prohibited so that one does not prepare on the Sabbath for a weekday. This opinion is also quoted by Shulchan Aruch HaRav 323:6. unless one washes them for the sake of using them to eat another meal on this Sabbath.³⁷The intent is that one may wash only those utensils that one intends to use again. Even when a person will serve another meal on the Sabbath, if he is not intending to use certain utensils, he may not wash them. One may, however, wash utensils on Friday night, even though one does not intend to use them until Saturday afternoon (Mishnah Berurah 323:27-28). Utensils used for drinking, by contrast - e.g., glasses and pitchers - may be washed at any time, for there is no limit to [the number of times a person may desire to] drink.³⁸I.e., one may wash the glasses at any time, because it may be assumed that one will desire to drink later. If, however, a person knows that he will not drink again on the Sabbath, it is forbidden for him to wash pitchers and glasses as well (Shulchan Aruch HaRav 323:6; Mishnah Berurah 323:29).

One may not make beds on the Sabbath in order to sleep on them on Saturday night.³⁹Note, however, the Magen Avraham 302:6, who states that one may make a bed if the disorder in the room makes one extremely uncomfortable. One may, however, make the beds [after sleeping on them] Friday night in order to use them again on the Sabbath.

8. On the Sabbath, it is forbidden to immerse [in a mikveh] utensils that are ritually impure, because it resembles repairing the utensil.⁴⁰I.e., since the utensil was unfit for use before it was immersed, immersing it is equivalent to repairing it (Rambam's Commentary on the Mishnah, Beitzah 2:2; compare to Hilchot Sh'vitat Yom Tov 4:17). Based on Beitzah 18a, Rabbenu Yitzchak Alfasi and Rabbenu Asher offer other rationales for this prohibition.

Note the Shulchan Aruch (Orach Chayim 323:7), which mentions a difference of opinion among the Rabbis whether it is permitted on the Sabbath to immerse a vessel that one has purchased from gentiles. The Maggid Mishneh states that according to the Rambam, this would be forbidden. Accordingly, the Pri Megadim questions why the Shulchan Aruch ignores the Rambam's ruling. The Be'ur Halachah, however, differentiates between the immersion of vessels purchased from a gentile and the immersion of impure vessels. An impure person, by contrast, may immerse himself,⁴¹The Mishneh Torah also contains laws that will be relevant when the Temple is rebuilt, and the observance of all the laws of ritual impurity will be restored. At present this halachah is relevant in the following contexts: Women are permitted to immerse themselves in the mikveh on Friday night (with certain restrictions) and men are allowed to immerse themselves on the Sabbath for the sake of holiness (Shulchan Aruch HaRav 326:7; Mishnah Berurah 326:24). Care, however, must be taken when toweling oneself dry not to squeeze water from the towel.

Originally, the license to immerse oneself in the mikveh on the Sabbath was given before it was customary to heat mikvaot. At present, the leniency is continued in most communities, even when the mikveh has been heated. because it appears [as if his intent] is to cool off. One may not sprinkle [ashes from the red heifer] on the Sabbath.⁴²This activity is necessary as part of the purification process for a person who became impure because of contact with a human corpse. Rashi (Pesachim 65b) explains that this is forbidden because it is obvious that one's intent is to purify oneself. Rav Kapach, however, points to Pesachim 69a, which states that the prohibition was instituted lest one carry in the public domain.

A person who immerses utensils on the Sabbath without knowing of the prohibition involved may use them [on the Sabbath]. If [by contrast,] he violates the prohibition intentionally, he should not use them until Saturday night.

It is permitted to immerse impure water on the Sabbath. What should be done? The water should be placed in a container that is not susceptible to contracting ritual impurity⁴³In his Commentary on the Mishnah (Beitzah 2:2), the Rambam explains that if the utensil contracted ritual impurity, its immersion would be forbidden, since one would be purifying not only the water it contains, but also the utensil itself. - e.g., a container made of stone⁴⁴See Hilchot Keilim 1:6. - and the container should be immersed until it is submerged in the waters of the mikveh and thus purified.

9. We may not separate terumah or tithes on the Sabbath,⁴⁵The Ra'avad mentions that terumah may not be separated even if one's intent is to give it to the priest to use on the Sabbath itself. because it appears as if one is repairing an article that requires repair.⁴⁶See Halachah 14, where the Rambam offers another reason for this same prohibition.

10. Processing leather is one of the categories of [forbidden] labor.⁴⁷The Merkevet HaMishneh notes that the Rambam does not mention Rabbinic prohibitions in connection with the forbidden labors of hunting, slaughtering, and skinning. The commentaries do note, however, that in Chapter 10 the Rambam mentions Rabbinic prohibitions in connection with hunting, and in Chapter 11 Rabbinic prohibitions in connection with slaughtering. A person who softens a hide with oil as the leather-workers do is liable for processing leather.⁴⁸See Chapter 11, Halachot 5-6. Therefore, a person should not anoint his foot⁴⁹As mentioned in the notes on Chapter 21, Halachah 23, the Ramah (Orach Chayim 327:1) writes that at present, it is not common for healthy people to apply oil to themselves. Therefore, it is forbidden to apply any type of oil to oneself on the Sabbath for therapeutic purposes. with oil while wearing a new shoe or sandal.⁵⁰See Chapter 22, Halachah 18, and notes. He may, however, anoint his foot with oil and put on his shoes or sandals, even though they are new. Similarly, he may apply oil to his entire body and roll on a new bed cover⁵¹Our translation is taken from the Rambam's Commentary on the Mishnah (Keilim 26:5). Obviously, this bed-cover is made of leather. The Maggid Mishneh offers a different interpretation. without any concern.

When does the above apply? When only a small amount [of oil] is used, enough merely to polish the leather. If, however, he has a large quantity of oil on his skin that would soften the leather, this is forbidden, since this resembles processing it. All [the above restrictions] apply with regard only to new items. It is permitted to do so with old ones.⁵²Note, however, the Mishnah Berurah 327:12, which cites opinions that prohibit applying oil to used leather.

11. A person who spreads a plaster on the Sabbath is liable for [performing a derivative of the forbidden labor of] smoothing a hide.⁵³See Chapter 11, Halachah 6. Therefore, it is forbidden to close a hole with wax and the like, lest one spread it.⁵⁴See Halachah 3, which prohibits closing a hole in connection with the forbidden labors of dealing the final blow or of building. It is even forbidden to close a hole with fat. [This is] a decree, [enacted] lest [one use] wax.

12. Writing is one of the categories of [forbidden] labor.⁵⁵See Chapter 11, Halachah 9. Accordingly, it is forbidden to apply eye-paint with a brush and the like on the Sabbath, because this resembles writing.⁵⁶It must be emphasized that according to the text of Shabbat 94b, it would appear that applying eye-paint is associated with the forbidden labor of dyeing. Nevertheless, it would appear that the Rambam and many other Rishonim had a different version of the text, upon which he based his ruling in this halachah.

[Similarly,] it is forbidden to give a loan or to take a loan. [These are] decrees, [instituted] lest one write. By the same token, it is forbidden to buy,⁵⁷See the Shulchan Aruch (Orach Chayim 323), which mentions several leniencies and restrictions regarding the acquisition of foodstuffs on the Sabbath. to sell,⁵⁸One may, however, give a present to a colleague. (See the Rambam's Commentary on the Mishnah, Sukkah 3:11.) to rent,⁵⁹Note, however, Hilchot Eruvin 2:12, which allows one to rent a gentile's property on the Sabbath in order to complete an eruv. or to rent out. [These are all] decrees, [instituted] lest one write.

A person should not hire workers on the Sabbath,⁶⁰The Shulchan Aruch (Orach Chayim 307:2) offers another rationale for the restriction against hiring workers, the prohibitions stemming from Isaiah 58:13, "If you refrain... from [ordinary] speech" - i.e., that our speech on the Sabbath be distinguished from our speech during the week. The Rambam mentions prohibitions of this nature in Chapter 24. nor should he tell a colleague to hire workers for him.⁶¹See related matters in Chapter 6. One may, however, borrow and lend [objects]. A person may [even] borrow jugs of wine or jugs of oil⁶²The difference between borrowing such commodities and lending objects is that when one borrows an object, one intends to return the same object. When one borrows a commodity, by contrast, one intends to use it and return a different one. Thus, it bears a far greater resemblance to a loan. from a colleague, provided he does not say "Give me... as a loan."⁶³Rabbenu Yitzchak Alfasi explains that "Give me as a loan" implies that the loan will be for an extended period. Hence, it is more likely that one will write it down.

The Shulchan Aruch (Orach Chayim 307:11) notes that in languages other than Hebrew, the difference between offering a loan and lending appears as one of semantics. Rather than say "Lend me" or "Give me as a loan," one should say merely "Give me."

13. It is forbidden to make a sale with a verbal [agreement] or to transfer the article [to the purchaser], whether one weighs it or not.⁶⁴The Shulchan Aruch and the Ramah (Orach Chayim 323) follow a slightly more lenient approach and allow certain products to be sold by number and in vessels from which a measure can be obtained. Just as it is forbidden to weigh, so too is it forbidden to count and to measure, whether using a measuring container, one's hands, or a rope.⁶⁵Compare to similar laws mentioned in Hilchot Sh'vitat Yom Tov 4:19-24.

14. Court is not convened on the Sabbath, nor are [the rites of] chalitzah⁶⁶The ceremony through which a childless widow frees her brother-in-law from the obligation of yibbum. (See the following note and Deuteronomy 25:7-10.) or yibbum⁶⁷This refers to the rite in which the brother-in-law of a childless widow marries her in order to perpetuate the name of her dead husband. (See Deuteronomy 25:5-6.) conducted, nor are women betrothed,⁶⁸According to Torah law, marriage is a two-staged process, including erusin (betrothal) - when a bond between a husband and wife is established, but the two still live separately - and nisuin (marriage) - when the couple begin their lives together.

Betrothal is initiated by the act of kiddushin. At present, this is effected by the groom's giving the wedding ring to his wife. It must be added that it is also forbidden to carry out nisuin on the Sabbath, but for a different reason: lest one violate the Sabbath laws when preparing for the wedding feast. (See Hilchot Ishut 10:14.) lest one write.⁶⁹When quoting this law, the Shulchan Aruch (Orach Chayim 339:4) states that divorce proceedings may not generally be carried out on the Sabbath, even if the bill of divorce was written beforehand.

[Property] may not be consecrated,⁷⁰This refers to the dedication of property to the Temple treasury or the consecration of an animal to be offered as a sacrifice. nor may endowment evaluations be made,⁷¹See Leviticus 27:1-27. nor may [property] be set aside,⁷²See Leviticus 27:28-29. because this resembles a sale.

Nor may terumah and the tithes be separated, for this resembles consecrating the produce one has separated, and also because, [through this ritual,] one makes [the produce] fit [for use] on the Sabbath.⁷³See Halachah 9, where this reason is mentioned in connection with this prohibition.

One may not tithe one's animals.⁷⁴See Leviticus 27:32. [This is] a decree, [instituted] lest one mark [the animal] with red paint.⁷⁵For this was the common practice, as the Rambam mentions in Hilchot Bechorot 7:1. As mentioned in Chapter 11, Halachah 17, making a mark is considered a derivative of the forbidden labor of writing. Rabbenu Chanan'el, by contrast, explains that the prohibition against making this mark stems from the forbidden labor of dyeing.

Rav Moshe HaCohen of Lunil notes that, in contrast to produce, the Rambam does not mention the prohibition against tithing animals in connection with the forbidden labor of dealing the final blow. Unlike produce, according to Torah law, one is allowed to partake of meat from an animal even if it has not been tithed. Although there is a Rabbinic prohibition against partaking of such meat, tithing a herd is not considered as making an object fit for use. A person may consecrate his Paschal sacrifice on the Sabbath⁷⁶When the fourteenth of Nisan falls on the Sabbath. and his festive offering on a holiday, for this is the mitzvah associated with that day.⁷⁷Since these offerings are associated with a fixed time, they will stand out distinctly in one's mind and will not cause one to forget the Sabbath prohibitions (Shabbat 148b, Hilchot Korban Pesach 1:19).

Just as property may not be consecrated, so too, water may not be consecrated for use [in sprinkling the ashes of the red heifer].⁷⁸The laws associated with sprinkling the water that has been mixed with the ashes of the red heifer are described in Numbers 19:11-21.

15. When a person separates terumot and tithes on the Sabbath or on a holiday without intentionally desiring to transgress the prohibition involved, he may partake of the produce that he made fit to eat. If he intentionally desired to violate the prohibition, [the produce] is forbidden until Saturday night.⁷⁹Note the Lechem Mishneh (in the gloss on Hilchot Sh'vitat Yom Tov 6:10), which states that this prohibition applies even when one has no other produce available. See also Sha'ar HaMelech, which questions whether the prohibition applies to others besides the person who violated the prohibition. Note also Chapter 3, Halachah 9, and Chapter 6, Halachah 23. The separation is, nevertheless, effective.

Similarly, when a person consecrates [an object], makes an endowment evaluation, or sets property aside on the Sabbath, with or without the intention to violate the prohibition, the act he performs is effective. Needless to say, this applies on a holiday. Similarly, a business transaction that a person makes with a colleague on the Sabbath is effective.⁸⁰The participants in the transaction are, however, given stripes for rebelliousness, the prohibition instituted for the violation of a Rabbinic prohibition (Hilchot Mechirah 30:7).

Between sunset and the appearance of the stars [on Friday], we may separate tithes⁸¹Although the Rabbis forbade partaking of such produce before tithing it, they considered this as merely a safeguard, for the majority of the common people did separate the tithes. Therefore, one is not considered to be making an article fit for use to the same extent as when one separates tithes from produce that has surely not been tithed (Rav Ovadiah of Bertinoro, Shabbat 2:7). This law is also mentioned in Chapter 24, Halachah 10. from produce that is d'mai.⁸²Produce purchased from a common person, which we are unsure whether or not it has been tithed. [This leniency] is not, however, [granted] for produce from which one knows that the tithes have not been separated.

16. A person who designates⁸³But did not separate these portions (Rambam's Commentary on the Mishnah, D'mai 4:5). [a portion of produce] that is d'mai as terumat ma'aser,⁸⁴The tenth of the tithe, which the Levites were required to give to the priests. or [who designates a portion of produce as] the tithe for the poor⁸⁵Which was given instead of the second tithe in the third and sixth years of the seven-year cycle. should not take these portions [and give them to the individuals entitled to receive them]⁸⁶The bracketed additions are based on the Rambam's Commentary on the Mishnah (loc. cit.). There the Rambam emphasizes that the prohibition centers on giving the designated portions. This is borne out by his rulings in Hilchot Ma'aser 9:8-11, where he mentions leniencies in regard to the separation of the designated portions on the Sabbath if one makes a condition before the commencement of the Sabbath. on the Sabbath. [This restriction applies] despite the fact that the place [of these portions] is designated before the Sabbath and they are placed in a known location at the side of [the remainder of] the produce.

If, however, a priest or a poor person is accustomed to be hosted by this person, he may come and partake [of these designated portions,] provided the person informs⁸⁷If he does not inform them, it is as if he were using the designated gifts for his own personal purposes (Rambam's Commentary on the Mishnah, loc. cit.). the priest that he is feeding him from terumat ma'aser, or the poor person that he is feeding him from the tithe of the poor.

17. It is forbidden to draw lots or to play dice⁸⁸This is forbidden even during the week, because the Rabbis deemed gambling to be theft, and also because this reflects conduct that does not contribute to the stability of society (Hilchot Gezeilah 6:7,11). on the Sabbath, because this is equivalent to commercial activity. A person may draw lots with his children and the members of his household,⁸⁹But not with outsiders, as reflected in the Rambam's Commentary on the Mishnah (Shabbat 23:2) and his rulings in Hilchot Sh'vitat Yom Tov 4:20. [determining who will receive] large and small portions,⁹⁰In the Kessef Mishneh and in the Shulchan Aruch (Orach Chayim 322:6), Rav Yosef Karo follows the interpretation of Shabbat 148b by Rabbenu Yitzchak Alfasi and Rabbenu Asher, and forbids casting lots, even among one's own household, unless the portions are equal. for they will not take issue [among themselves].

18. On the Sabbath a person is forbidden to calculate accounts that he requires, whether concerning matters of the past or matters of the future. [This is] a decree, [enacted] lest one write.

Therefore, calculations that are of no practical benefit may be performed on the Sabbath. What is implied? [A person may calculate] how many seah of grain he possessed in a particular year, how many dinarim his son's wedding cost, or the like. [Since] these are insignificant matters with no usefulness, there is no difference between making these calculations on the Sabbath or during the week.⁹¹See, however, Chapter 24, Halachah 4, which states that one should minimize one's involvement in such idle matters on the Sabbath. Indeed, as is evident from the Rambam's Commentary on the Mishnah (Avot 1:16) and Hilchot De'ot 2:4, the Rambam frowns on such conversation during the week as well. To quote Hilchot Gezeilah 6:11: "It is not for a person to spend any of his days involved in anything other than the words of wisdom and the matters that lead to the settlement of the world."

19. It is forbidden to read mundane documents⁹²The Shulchan Aruch (Orach Chayim 307:13) renders the Hebrew שטרי הדיוטות as "account sheets." Rashi (Shabbat 149a) interprets this as also referring to social correspondence. Based on the Rambam's commentary on the Mishnah (Shabbat 23:2), the Maggid Mishneh states that the Rambam follows Rashi's view.

[The Shulchan Aruch (loc. cit.:14) permits reading a social letter on the Sabbath only if one is unaware of its contents.] on the Sabbath, lest one conduct oneself in an ordinary manner and be provoked to make an erasure.⁹³Erasing is one of the categories of forbidden labor, as the Rambam explains in Chapter 11, Halachah 9. Rabbenu Asher (in his gloss to Shabbat 149b) differs and explains that the restriction mentioned stems from the prohibitions derived from Isaiah 58:13, which distinguish between one's conduct on the Sabbath and one's involvement in mundane, weekday concerns.

A person may verbally count his guests and the desserts [he will serve them],⁹⁴Regarding this ruling, the Rambam writes (Commentary on the Mishnah, loc. cit.), "On the Sabbath, it is forbidden to read anything other than the words of prophecy and their explanations [i.e., the Oral Law]. Among the matters excluded are [works of secular] wisdom and science." but may not read a written list, lest he read a mundane document. Therefore, if the names were engraved into a tablet or into the wall, one is allowed to read them, for [such writing] will not be interchanged with a [written] document.

It is forbidden to read the writing under a figure or an image⁹⁵Rashi (Shabbat 149a) and the Shulchan Aruch (loc. cit.:15) interpret this as referring to descriptions written under works of art. Others explain that this refers to images of false deities. (In the Talmudic period, these two interpretations could easily be interrelated, because the subject matter of most gentile art was the false deities they worshiped.)on the Sabbath. It is even forbidden to read the Sacred Writings⁹⁶I.e., the Holy Writings, in contrast to the Torah and the prophets. This interpretation is obvious from the Rambam's Commentary to the Mishnah (Shabbat 17:1). Rashi (Shabbat 115a) mentions other opinions which forbid reading the works of the prophets as well. during the time the House of Study is in session, lest this lead to the neglect of the House of Study - i.e., so that no one should stay home and read the Sacred Writings and thus be held back from attending the House of Study.⁹⁷See Chapter 30, Halachah 10, where the Rambam describes the attendance at the House of Study on the Sabbath.

20. [When] a fire breaks out in a courtyard on the Sabbath, a person may not save all [his possessions] in the courtyard⁹⁸The Maggid Mishneh states that the wording used by the Rambam indicates that a person in an adjoining courtyard where the fire has not yet caught may transfer all his property to a further removed courtyard if an eruv has been made. This concept is also mentioned in the Shulchan Aruch (Orach Chayim 334:1). [by transferring them] to another courtyard⁹⁹The Shulchan Aruch (loc. cit.:11) mentions a further leniency: One may transfer property from a house to an adjoining house or to another courtyard that one owns. There is, however, a difference of opinion among the Rabbis whether this leniency is accepted or not. in the same lane, despite the fact [that carrying is permitted because] of an eruv. [This is a] decree, [instituted] lest a person extinguish the fire in order to save his property. [This is necessary because] a person panics when his property [is in danger of] being lost.¹⁰⁰Another example of a leniency granted because of this principle is found in Chapter 6, Halachah 22.

For this reason, [our Sages] decreed that a person may save only the food he needs for that Sabbath,¹⁰¹The particular laws stemming from this principle are described in Halachot 21-25. the utensils he needs to use on that Sabbath,¹⁰²As examples, the Shulchan Aruch (loc. cit.:7) mentions cups and pitchers. From the Shulchan Aruch HaRav 334:8 and the Mishnah Berurah 334:17, it would appear that permission is granted only to save utensils one needs for eating, but not other articles - e.g., pillows and blankets - that might be required on the Sabbath. and the clothes that he can wear.¹⁰³See Halachah 25. Thus, he will despair of saving his property and he will not be motivated to extinguish the fire.

If there is no eruv, one may not even save one's food and one's utensils.¹⁰⁴This restriction applies even according to the authorities who maintain that the prohibition against carrying in a lane is Rabbinic in origin. Shulchan Aruch HaRav 334:10 and the Mishnah Berurah 334:26 mention that these restrictions do not apply with regard to saving clothes. Since one must wear them as garments, one may take them out to the public domain as well.

21. What food may a person save? If a fire breaks out on Friday night, one may save enough food for three meals.¹⁰⁵One may save enough for three meals for every member of his household. Regardless of whether a person eats a large amount or a small amount, a standard measure - and only that standard measure - of food may be saved for him (Shulchan Aruch, Orach Chayim 334:5). Foodstuffs that are fit for human consumption may be saved for humans, and fodder that is fit for animals may be saved for animals.

If the fire breaks out in the morning, one may save enough for two meals; in the afternoon, enough for one meal.

22. When does the [restriction] on taking only the food for one's needs apply? When one uses many containers to save [the food] or one uses a single container, removes it, empties it, and fills it again. If, however, one removes a single container at one time, it is permitted to remove it even though it contains enough food for many meals.

23. What is implied? One may save a basket filled with loaves of bread, even though it contains enough for several meals. [One also may save] a cake of dried figs and a cask of wine.¹⁰⁶This indicates that one may save several different containers containing different types of food. Similarly, it is permitted to spread out a garment, collect all [the food]¹⁰⁷The bracketed additions are made on the basis of Shulchan Aruch HaRav 334:6 and the Mishnah Berurah 334:16, which emphasize that, even though one may pour the contents of several containers into a garment, one must empty the containers. It is forbidden to place the containers themselves in a garment and remove them. one can within it, and remove it at one time.

24. One may tell others, "Come and save for yourselves."¹⁰⁸I.e., even though the person who owns the property may not save more than his household needs, all of his food stores need not be left to the flames. Other people may be invited to save for themselves. Every individual is allowed to save enough food for his needs or a single container that holds a large amount. [The food that] these individuals save belongs to them.¹⁰⁹Since our Sages forbade the person from saving it, he despairs of ever recovering it and relinquishes his ownership.

The above applies only when the person makes an explicit statement inviting others to save the property. If he does not issue such an invitation, we cannot assume that he has relinquished ownership. Although he is forbidden from saving more himself, others are not allowed to take for themselves, for the owner may yet hope to find friends who will save the food and return it to him at no cost (Shulchan Aruch HaRav 334:7; Mishnah Berurah 334:22).

If the person who saves it does not want to take it and returns it to its [original] owner,¹¹⁰In his Commentary on the Mishnah [Shabbat 16:3 (based on Shabbat 120a)], the Rambam describes this as "God-fearing conduct," for it reflects an unwillingness to benefit from property that is not one's own. In this instance, this is particularly true, for the owner does not willingly abandon ownership of his property. it is permitted for him to take payment for his efforts after [the conclusion of] the Sabbath.¹¹¹It is, however, pious conduct not to accept payment (Shabbat, loc. cit.). It is not considered a wage [paid for working on] the Sabbath,¹¹²The Maggid Mishneh and others draw attention to the Rambam's statements at the conclusion of Chapter 6, which forbid taking payment even for activities that are permitted on the Sabbath unless the wage is paid for a larger span of time. Rav David Arameah explains that the prohibition against taking payment for one's Sabbath activities is Rabbinic in origin. In this instance, because of the positive nature of the activity involved, the Sages did not impose any restrictions.

Shulchan Aruch HaRav (loc. cit.) explains that the article rightfully belongs to the person who saved it. Although he relinquishes ownership in favor of his original owner, he does not relinquish ownership of that portion of the article that is equivalent to his wage. What he is receiving from the owner is, in fact, payment for property that he was entitled to take possession of.since no [forbidden] labor was [performed], nor was a prohibition [transgressed], for one [merely] removed the food into a place [enclosed in the same] eruv.

25. A person who saves a loaf of fine flour may not return and save a loaf of coarse flour. If, however, one saved a loaf of coarse flour, one may return and save a loaf of fine flour.¹¹³Since one is required to partake of the finest foods on the Sabbath, one is permitted to return and take the loaf baked with fine flour. It is possible to explain that because of the confusion caused by the fire, one forgot to take the better loaf originally.

The Rabbis explained that one may act with guile in this matter and, at the outset, take a loaf of lesser quality so that one can return and take a better loaf afterwards. Since one is not even transgressing a Rabbinic prohibition and will always be able to excuse oneself afterwards that this choice was due to confusion, no restrictions were imposed.

This leads to a further leniency. One may save, for example, a meal of fish, and then return and save a meal of meat, excusing oneself saying, "At first, I desired to partake of the fish. Afterwards, my appetite changed and I preferred the meat" (Shulchan Aruch HaRav 334:3; Mishnah Berurah 334:12).

When Yom Kippur falls on Friday,¹¹⁴According to the fixed calendar we follow at present, Yom Kippur will not fall on either a Friday or a Sunday. This law, as many of the other laws in the Mishneh Torah, will apply only after the coming of the Redemption. a person may save [food] on Yom Kippur that he needs for the Sabbath.¹¹⁵If Yom Kippur falls on Thursday and one knows that it will be impossible to prepare one's Sabbath needs on Friday, one is permitted to save food on Yom Kippur for the Sabbath (Shulchan Aruch HaRav 334:4; Mishnah Berurah 334:13). Similarly, one may save food on Yom Kippur for the meal following the fast, regardless of the day of week (Shulchan Aruch, Orach Chayim 334:4). One may not, however, save [food] on the Sabbath for Yom Kippur. Needless to say, one may not [save food on the Sabbath] for a holiday, nor may one save on one Sabbath for the following Sabbath.

Which garments may one save? One may put on all the clothes one can wear and wrap oneself in all the cloaks one can and remove them.¹¹⁶It appears that, according to the Rambam, one may not return and save other clothes. This is the subject of a difference of opinion among the Sages in the Mishnah (Shabbat 16:4). Rabbi Yosse maintains that one may return and put on a second set of clothes. Since one is not carrying the garments, but wearing them, we rule more leniently than regarding foodstuffs. This ruling is followed by the Rashba and the Shulchan Aruch (Orach Chayim 334:8). [Similarly,] one may tell others, "Come and save for yourselves." Every individual [who desires] may put on all the clothes he can wear and wrap himself in all the cloaks he can and remove them. The clothes he saves belong to him, like the food [described above], for he is acquiring an ownerless object.¹¹⁷Since our Sages forbade a person from saving any more clothes, we assume that he despaired of recovering any more of his property. As mentioned above, many authorities accept this rationale only when the person actually invites others to save the clothes.

26. It is permitted to save¹¹⁸Although the Rambam is speaking about saving sacred texts from fire, the same laws apply to another factor - e.g., a flood - that might cause their ruin (Shulchan Aruch, Orach Chayim 334:19). all sacred writings¹¹⁹This term refers to the books of the Bible.

There is somewhat of a difficulty with the Rambam's ruling. He is quoting the Mishnah (Shabbat 16:1). Nevertheless, the teachings of the Mishnah were appropriate in the beginning of the Talmudic era, when it was only the Written Law and not the Oral Law that was written down. The composition of the Mishnah marked a turning point in Jewish history, and from that point onward, it was permitted to write down the teachings of the Oral Law. (See the Rambam's Introduction to the Mishneh Torah.) Texts containing such teachings are also considered sacred articles and may be saved from a fire, just like the books of the Bible (Shulchan Aruch HaRav 334:12; Mishnah Berurah 334:31). Since the Rambam wrote the Mishneh Torah after it became permitted to write down the Oral Law, seemingly, it would have been appropriate for him to refer to texts of the Oral Law as well. that are found in one courtyard [by transferring them] to another courtyard in the same lane, even though an eruv was not made, provided the lane has three walls and a pole [in the place of the fourth wall].¹²⁰According to the Rambam, such an lane is considered a private domain according to Torah law, and the prohibition against carrying within it is only Rabbinic in origin (Chapter 17, Halachah 2). Accordingly, this restriction is relaxed in order to save the sacred articles. Although some authorities differ with the Rambam regarding the above halachah, they also require an lane to have three walls and a pole in this instance (Shulchan Aruch HaRav 334:17; Mishnah Berurah 334:48).

[The above leniencies apply] provided that the [sacred writings] are written in the Assyrian script¹²¹I.e., the script in which tefillin, mezuzot, and Torah scrolls are written. (See Sanhedrin 22a; the Rambam's Commentary on the Mishnah, Yadayim 4:5; and the Moznaim Mishneh Torah series, Hilchot Tefillin 1:19.) and in Hebrew.¹²²I.e., and not a transliteration of other languages. If, by contrast, they are written in any other language or using any other script, we should not save them even if there is an eruv.¹²³As explained above, the Rambam's ruling applied in the Talmudic period, before it became acceptable to write the Oral Law. Once that was permitted, translations of the Bible were also permitted, and the same laws apply to them. Similarly, siddurim and other similar texts may be saved.[Indeed,] even during the week, we are forbidden to read¹²⁴As mentioned above, after permission was granted to write the Oral Law, this prohibition no longer applies. from such texts. Rather, they should be left in an open place¹²⁵Our translation is based on Rashi (Shabbat 115a) and the Ramah (Orach Chayim 334:12). where they will become spoiled as a matter of course.

27. Even if [these sacred texts] are written with other tints or with red ink,¹²⁶Which are not acceptable for writing a Torah scroll (Hilchot Tefillin 1:5). or even if the writing is not permanent, since they are written in the Assyrian script and in Hebrew, we should save them.

The blank portions of parchment for scrolls,¹²⁷See Hilchot Sefer Torah, Chapters 8 and 9, which mention how much empty parchment must be left for each of the situations mentioned by the Rambam. whether above or below the writing, between one passage and another, between one column and another, or at the beginning and at the conclusion of a Torah scroll, should not be saved.¹²⁸This refers to an instance where these blank portions of parchment had been cut from the Torah scroll. When a portion of a scroll does not contain 85 letters (see the following halachah), it is no longer considered to be sacred articles (Shulchan Aruch HaRav 334:20; Mishnah Berurah 334:50). Surely this applies to the margins of the scroll that the Rambam is referring to in this halachah.

Tables of blessings¹²⁹I.e., a text similar to our siddurim (Rashi, Shabbat 115b). and amulets, even if they contain the letters of [God's] name and many Torah verses, should not be saved from a fire.¹³⁰As mentioned above, after permission was granted to write the Oral Law, siddurim were also accorded the status of sacred articles (Shulchan Aruch, loc. cit.:12).

Regarding amulets containing verses, there is a difference of opinion among the Rabbis. The Tur (Orach Chayim 334) differs with the Rambam and maintains that in the present age, such amulets may be saved. Even though most of the later authorities follow the Rambam's ruling, the Pri Megadim suggests saving amulets with verses that contain God's name.

28. We should save from fire a [worn] Torah scroll that has a total of 85 letters¹³¹The expression "a total" implies that the letters need not be in the same word, but may be scattered throughout the scroll (Rashi, Shabbat 115b).

In certain contexts, the passage ויהי בנסוע הארון is considered a separate book of the Torah. (See Rashi's commentary on the verse.) Since that passage contains 85 letters, any parchment with 85 letters can be considered a scroll. from complete words,¹³²I.e., the scroll may contain more letters, but if the letters are in words that are partially torn or rubbed out, they are not included in this sum. even if this includes [words like] יגר שהדותא.¹³³I.e., words whose origin is not Hebrew. Similarly, [we should save a scroll] that contains a passage that has fewer than 85 letters if it contains God's name - e.g., ויהי בנסוע הארון.¹³⁴The commentaries question the Rambam's statements, since as stated above, the passage ויהי בנסוע הארון contains 85 letters. See also the Shulchan Aruch HaRav 334:15 which states that if a scroll contains God's name, it should be saved even though it contains less than 85 letters.

We may save the scroll's carrying case with the scroll¹³⁵I.e., the carrying case is considered as subordinate to the scroll. Therefore, it is not considered an independent entity, but is rather governed by the more lenient laws that govern the Torah scroll. and the carrying case of tefillin with tefillin, even if the carrying case contains money.¹³⁶Although the money is muktzeh, there is no need to shake it from the carrying case, and it may be taken to the same place as the tefillin. This leniency was granted so that a person would not be required to delay in saving the property that he was entitled to save (Shulchan Aruch HaRav 334:18).