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Mishneh Torah, Sabbath 23

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Sefer Zemanim

23 ‎[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.

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. For this reason, it is forbidden to make a new hole in a cask or to widen an existing one. One may, however, open an existing hole [that has been plugged].

[The above leniency applies] provided the hole is not located below the level of the dregs [in the cask], for a hole made below the level of the dregs is intended to hold fast. [Therefore,] it is forbidden to open it. ‎[2] One may make a hole in the seal of a cask in order to pour out wine from it, provided one opens it from the top. It is, however, forbidden to open it from the side [of the seal], for this resembles making a utensil.

A person may break a barrel to eat dried figs contained in it, provided he does not intend to make a utensil. Similarly, a person may bring a cask of wine and slash its top off with a sword for his guests 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. Therefore, it is forbidden to close a hole in a barrel, even when one employs an article that need not be spread, or one that will not lead to squeezing - e.g., to plug it with a piece of wood or with a small stone.

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. ‎[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.

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, to snap one's fingers rhythmically as singers do, 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. [These are] decrees, [instituted] lest one repair a musical instrument. One may, however, clap using the back of one's hands.

One may not swim in water. [This is] a decree, instituted lest one make a float. It is permitted to swim in a pool in one's courtyard, 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. If [a reed] is cut [before the commencement of the Sabbath], even though it has not been adjusted, 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 faucet on the Sabbath. We may not break a shard or tear a piece of paper, 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*, 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. One may, however, polish it with sand and *neter*. 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, unless one washes them for the sake of using them to eat another meal on this Sabbath. 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.

One may not make beds on the Sabbath in order to sleep on them on Saturday night. 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. An impure person, by contrast, may immerse himself, because it appears [as if his intent] is to cool off. One may not sprinkle [ashes from the red heifer] on the Sabbath.

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 impurity - e.g., a container made of stone - 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, because it appears as if one is repairing an article that requires repair. ‎[10] Processing leather is one of the categories of [forbidden] labor. A person who softens a hide with oil as the leather-workers do is liable for processing leather. Therefore, a person should not anoint his foot with oil while wearing a new shoe or sandal. 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 cover 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. ‎[11] A person who spreads a plaster on the Sabbath is liable for [performing a derivative of the forbidden labor of] smoothing a hide. Therefore, it is forbidden to close a hole with wax and the like, lest one spread it. 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. Accordingly, it is forbidden to apply eye-paint with a brush and the like on the Sabbath, because this resembles writing.

[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, to sell, to rent, or to rent out. [These are all] decrees, [instituted] lest one write.

A person should not hire workers on the Sabbath, nor should he tell a colleague to hire workers for him. One may, however, borrow and lend [objects]. A person may [even] borrow jugs of wine or jugs of oil from a colleague, provided he does not say "Give me... as a loan." ‎[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. 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. ‎[14] Court is not convened on the Sabbath, nor are [the rites of] *chalitzah* or *yibbum* conducted, nor are women betrothed, lest one write.

[Property] may not be consecrated, nor may endowment evaluations be made, nor may [property] be set aside, 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.

One may not tithe one's animals. [This is] a decree, [instituted] lest one mark [the animal] with red paint. A person may consecrate his Paschal sacrifice on the Sabbath and his festive offering on a holiday, for this is the mitzvah associated with that day.

Just as property may not be consecrated, so too, water may not be consecrated for use [in sprinkling the ashes of the red heifer]. ‎[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. 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.

Between sunset and the appearance of the stars [on Friday], we may separate tithes from produce that is *d'mai*. [This leniency] is not, however, [granted] for produce from which one knows that the tithes have not been separated. ‎[16] A person who designates [a portion of produce] that is *d'mai* as *terumat ma'aser,* or [who designates a portion of produce as] the tithe for the poor should not take these portions [and give them to the individuals entitled to receive them] 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 informs 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 dice on the Sabbath, because this is equivalent to commercial activity. A person may draw lots with his children and the members of his household, [determining who will receive] large and small portions, 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. ‎[19] It is forbidden to read mundane documents on the Sabbath, lest one conduct oneself in an ordinary manner and be provoked to make an erasure.

A person may verbally count his guests and the desserts [he will serve them], 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 imageon the Sabbath. It is even forbidden to read the Sacred Writings 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. ‎[20] [When] a fire breaks out in a courtyard on the Sabbath, a person may not save all [his possessions] in the courtyard [by transferring them] to another courtyard 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.

For this reason, [our Sages] decreed that a person may save only the food he needs for that Sabbath, the utensils he needs to use on that Sabbath, and the clothes that he can wear. 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. ‎[21] What food may a person save? If a fire breaks out on Friday night, one may save enough food for three meals. 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. Similarly, it is permitted to spread out a garment, collect all [the food] one can within it, and remove it at one time. ‎[24] One may tell others, "Come and save for yourselves." 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.

If the person who saves it does not want to take it and returns it to its [original] owner, it is permitted for him to take payment for his efforts after [the conclusion of] the Sabbath. It is not considered a wage [paid for working on] the Sabbath,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.

When Yom Kippur falls on Friday, a person may save [food] on Yom Kippur that he needs for the Sabbath. 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. [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. ‎[26] It is permitted to save all sacred writings 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].

[The above leniencies apply] provided that the [sacred writings] are written in the Assyrian script and in Hebrew. 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*.[Indeed,] even during the week, we are forbidden to read from such texts. Rather, they should be left in an open place 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, 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, 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.

Tables of blessings and amulets, even if they contain the letters of [God's] name and many Torah verses, should not be saved from a fire. ‎[28] We should save from fire a [worn] Torah scroll that has a total of 85 letters from complete words, even if this includes [words like] יגר שהדותא. 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.

We may save the scroll's carrying case with the scroll and the carrying case of *tefillin* with *tefillin*, even if the carrying case contains money.

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Version Info

Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007

Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI

License: CC-BY-NC

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