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SHABBOS (IYUN)

Shabbos 6b โ€” Iyun

Why Does the Torah Count 39 Melachos, Not More or Fewer?

Part of Shabbos (Iyun) · 56:17

A deep Shabbos sugya on why the Mishnah fixes the number of forbidden labors at 39, the difference between the essence (etzem) and form (tzurah) of a melacha, and how this plays into liability for related sub-categories (toldos).

Audio Transcript
Megillat Setarim Baraita and the 39 Melachot Debate

ืขืžื•ื“ ื‘ืณ. The Gemara quotes a baraita the Megillat Setarim that Rav Chiya found. ื•ื›ืชื•ื‘ ื‘ื” the Gemara says, and this Megillat Setarim, this hidden piece of parchment, said like this: ืื™ืกื™ ื‘ืŸ ื™ื”ื•ื“ื” ืื•ืžืจ, ืื‘ื•ืช ืžืœืื›ื•ืช ืžืดื ื—ืกืจ ืื—ืช. Issi ben Yehuda said, there are 40 minus 1 melachot, ืื‘ื•ืช ืžืœืื›ื•ืช, that means there are 39 ืื‘ื•ืช ืžืœืื›ื•ืช. ื•ืื™ื ื• ื—ื™ื™ื‘ ืืœื ืื—ืช. And you're only chayav one. And the way Rashi explains, the hava amina the way the Gemara thinks pshat in this baraita, in this Issi ben in Megillat Setarim, is that if a person did more than one ืžืœืื›ื” ื‘ื”ืขืœื ืื—ืช, there was one forgetting and he did more than one melachah, let's say he forgot that you're not allowed to cook and that you're not allowed to write. Forgotten both. And he sat down, and he cooked and he wrote. So it seems like Issi ben Yehuda says you're only chayav one korban. But the Gemara says that cannot be the pshat in Issi ben Yehuda, because ื•ื”ืชื ืŸ, it says in the Mishnah later on on ื“ืฃ ืขืดื’, ืื‘ื•ืช ืžืœืื›ื•ืช ืžืดื ื—ืกืจ ืื—ืช, that there are 39 40 minus 1 melachot, 39 melachot. ื•ื”ื•ื™ื ืŸ ื‘ื”, and the

Why the Mishnah Gives a Specific Number โ€“ Rabbi Yochanan

Gemara says we thought about it, ืžื ื™ื ื ืœืžื” ืœื™? Why does the Mishnah have to give us a number? And ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ, and Rabbi Yochanan explained to teach you ืฉืื ืขืฉืืŸ ื›ื•ืœื ื‘ื”ืขืœื ืื—ืช ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช. The reason it gives you a number to tell you that there is a possibility to be chayav 39 chatatot for one forgetting, that means if you forgot and you did every melachah, you are chayav for every melachah. So the Gemara shows that it's not possible to say that Issi ben Yehuda said that if you do a few ืžืœืื›ื•ืช ื‘ื”ืขืœื ืื—ื“ you're chayav only one, when from the Mishnah, the way Rabbi Yochanan explains the Mishnah on ื“ืฃ ืขืดื’ it's clear that you're chayav for every one, even though you did it all ื‘ื”ืขืœื ืื—ื“ with one forgetting, you're chayav on every one. So it couldn't be that this is what Isi ben Yehudah said. And therefore the Gemara changes that what did really Isi ben Yehudah say? Something else. He said that even though there are 39 melachot, there is one of them that you are not ื—ื™ื™ื‘ ื—ื˜ืืช. ืกืชื™ืจื”. The Gemara goes about that. That's not the ื ืงื•ื“ื” we're going to go into. We're going to go into the ื ืงื•ื“ื” of the way the Gemara proves that it couldn't be that Isi ben Yehudah held that if you do a few ืžืœืื›ื•ืช ื‘ื”ืขืœื ืื—ื“ you're chayav only one, because we proved from the Mishnah, the way Rabbi Yochanan explained the reason the Mishnah gives a number to teach you you're ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช. Let's look at the Rashi.

Rashi Clarifies the Oneโ€‘Sin vs. Manyโ€‘Sin Issue

Rashi says, the way we thought ืœื›ืชื—ื™ืœื” ืคืฉื˜ in ืื™ืกื™ ื‘ืŸ ื™ื”ื•ื“ื”, ืื™ื ื• ื—ื™ื™ื‘ ืืœื ืื—ืช, and even though there are 39 melachot you're only chayav one, ื”ืฉืชื ืžืฉืžืข, ืจืฉืดื™ says now it seems, ื“ืื ืขืฉืืŸ ื‘ื”ืขืœื ืื—ื“, what he's telling us is that if you did all the melachot with one ื”ืขืœื, one forgetting, ืฉืœื ื ื•ื“ืข ืœื• ื‘ื™ืŸ ื›ืœ ืื—ืช ื•ืื—ืช ืฉื—ื˜ื, that in between he didn't remind himself that he did an ืขื‘ื™ืจื”, ืื™ื ื• ื—ื™ื™ื‘ ืืœื ืื—ืช, he's only chayav one, ื“ื›ืœ ื—ื™ืœื•ืœ ืฉื‘ืช ื’ื•ืฃ ืื—ื“ ืฉืœ ืขื‘ื™ืจื” ื”ื•ื, because we're thinking any all ื—ื™ืœื•ืœ ืฉื‘ืช is one aveirah, so if you did a few types of ื—ื™ืœื•ืœ ืฉื‘ืช, a few melachot, you're still chayav only one. That's what we thought. But then the Gemara says it's not true, because in the Mishnah on ื“ืฃ ืขืดื’ it says a number, and the question that we asked, ืžื ื™ื ื ืœืžื” ืœื™? I'm reading all the Rashi's. ืœื™ืชื ื™ ืื‘ื•ืช ืžืœืื›ื•ืช ื”ื–ื•ืจืข ื•ื”ื—ื•ืจืฉ. It should have just said ืื‘ื•ืช ืžืœืื›ื•ืช, what are they, and continue with a list of all the ืžืœืื›ื•ืช. ืœืžื” ืœื™ ืœืืฉืžื•ืขื™ื ืŸ ืžื ื™ื ื? Why does he have to give us a number? ื”ื ืžื ื™ ืœื”ื• ื•ืื–ื™ืœ. Doesn't he mention them all? So if he would just write ืื‘ื•ืช ืžืœืื›ื•ืช are ื—ื•ืจืฉ, ื–ื•ืจืข and all through the whole list, I would know it's 39. All you have to do is count them. Read through the list and you'll count, you see 39. Why does he have to give the introduction there are 39? So Rabbi Yochanan said that to teach us ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช, to tell you that you're ื—ื™ื™ื‘ on all. ื•ื‘ื ืœ... Rashi says, and this is what's important now, ื•ื‘ื ืœื”ื•ื“ื™ืขื ื• ืกื›ื•ื ื”ื—ื˜ืื•ืช ืฉืื“ื ื—ื™ื™ื‘ ื‘ืื™ืกื•ืจื™ ืฉื‘ืช ื‘ื”ืขืœื ืื—ื“. The Mishnah gives a number to teach us how many ื—ื˜ืื•ืช is a person ื—ื™ื™ื‘ if you do all the ืžืœืื›ื•ืช. ื•ืืฉืžืขื™ื ืŸ, so he tells us, ืžืดื ื—ืกืจ ืื—ืช ื”ืŸ, that there are 39 ื—ื˜ืื•ืช you're able to be ื—ื™ื™ื‘, ื•ืชื• ืœื, and not more. What's that not more? Why would I think more? If there's only 39, how could there even be an hava amina of more? ืฉืืคื™ืœื• ืขืฉื” ืชื•ืœื“ื•ืชื™ื”ืŸ ืขืžื”ืŸ, even if you did the 39 ืžืœืื›ื•ืช, and you did the ืชื•ืœื“ื•ืช, each ืžืœืื›ื” could have five ืชื•ืœื“ื•ืช, so you would think if you did 39 ืžืœืื›ื•ืช and all five ืชื•ืœื“ื•ืช, maybe you're ื—ื™ื™ื‘ 150 ื—ื˜ืื•ืช. ืื™ื ื• ืžื‘ื™ื ืขืœ ื”ืชื•ืœื“ื•ืช. The

The Status of Toldot (Offโ€‘springs) in the Count

ืชื•ืœื“ื•ืช you don't bring ื”ื™ื›ื ื“ืขืฉื” ืขื ื”ืื‘ื•ืช, if you did the ืื‘ and the ืชื•ืœื“ื”, the ืชื•ืœื“ื” of this ืื‘, you're ื—ื™ื™ื‘ only one, ื“ื”ื•ื• ืœื™ื” ื›ืขืฉื” ื•ื—ื–ืจ ื•ืขืฉื”. It's like you did it and you did the same thing again. Imagine a person forgot that you're not allowed to cook, and he cooks, and then 5 minutes later he cooks again. There for sure you're only ื—ื™ื™ื‘ one. So too, if you do the ืื‘ of cooking and the ืชื•ืœื“ื” of cooking, you're also only ื—ื™ื™ื‘ one. ื“ื›ื•ืœื” ื—ื“ ืขื‘ื™ืจื”, it's all one ืขื‘ื™ืจื”. So, Rashi says here that what does the number what does the Gemara here bring in that the number of the Mishnah, 39, comes to teach you? That you're chayav 39 chatta'ot, and then Rashi, and you're not chayav anymore, you're not chayav for the toldot, you're not chayav more than 39. So, the obvious question that comes up here, why is that important to tell us? It's true, the din is that if you do an ืื‘ with its ืชื•ืœื“ื”, you're chayav only one, mimela if you did 39 melachot with all the toldot, you're only chayav 39. But why is that noge'a to say? Lichorah, what Rabbi Yochanan said is very simple: If not for the ืœืฉื•ืŸ of the Mishnah, the number of the Mishnah, what would I think? That if you did five ืื‘ื•ืช ืžืœืื›ื•ืช, you're only chayav one. Comes the number of the Mishnah to teach you that you're chayav five, which means you could be chayav all the way up to 39. That's what's noge'a here, because the Gemara is trying to show that what we thought Isa ben Yehuda said is not true. We thought Isa ben Yehuda said that if you do a full a few melachot you're chayav one, but we see from the Mishnah, the way Rabbi Yochanan explains the number of the Mishnah, that it's not true, you're chayav for each one. That's the main kushya here, so mimela we show that Rabbi Isa ben Yehuda couldn't mean that, they meant something else. Why is it noge'a here to mention that from the Mishnah we see that if you do all if you do it with the toldot you're not chayav more, you're not chayav on the the the toldot also? That's not the point here. The point is is that you are chayav 39, you are chayav on each one, not that, but on the toladot you're not chayav. So, Rashi ื”ืืงื˜ ืืจื™ื™ืŸ here that it teaches you how many you're chayav, and it tells you you're chayav only 39 and not anymore. Rashi should have said exactly like he says in the real place. Where is the real place where this Rabbi Yochanan is? The Gemara on ื“ืฃ ืข\"ื’. The Mishnah is on ื“ืฃ ืข\"ื’: ืื‘ื•ืช ืžืœืื›ื•ืช ืืจื‘ืขื™ื ื—ืกืจ ืื—ืช, and the Mishnah goes to hold this. So right away, in that Gemara our Gemara quotes that Gemara. What does that Gemara say? So you look in ื“ืฃ ืข\"ื’ ืขืžื•ื“ ื‘' right on top, the Gemara has the she'eilah: ืžื ื™ื™ื ื ืœืžื” ืœื™? Why does it say a number? ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ: ืฉืื ืขืฉืืŸ ื›ื•ืœืŸ ื‘ื”ืขืœื ืื—ื“ ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช. That if you do it ื‘ื”ืขืœื ืื—ื“, you're chayav on each one. And Rashi explains, what does that mean? ื•ื‘ื ืœื”ื•ื“ื™ืขืš, the Mishnah comes to teach you, ืฉืื ื ืชืขืœืžื• ื›ืœ ื”ืœื›ื•ืช ืฉื‘ืช ืžืžื ื•, if you forgot all the halachot of ืฉื‘ืช, ื›ืžื” ื—ื˜ืื•ืช ื—ื™ื™ื‘, ื—ื™ื™ื‘ ืขื•ืœื•. How many chatatot you're chayav. Now, actually the emet is that Rashi there includes both inyanim. When Rashi says it teaches you how many chatatot you're chayav, it teaches you both things. How many means you're chayav 39, not one; and how many means also 39 and not more. True. But Rashi doesn't taytsh it to this because it's not important. And over there, where is the ikar place of Rabbi Yochanan's memra, there Rashi doesn't go to tell you, \"Ah, but you're not chayav for the toldah and you're only chayav 39 because if you do the toldah it's like you did the same thing,\" like the ื’ืื ืฆืข ืืจื™ื›ื•ืช as Rashi says here. If Rashi would want to tell us that that's included, it would fit more probably over there, cuz there is the ikar place. So Rashi wants to tell us it. There Rashi makes it very bekitzur, one line. That by so by saying the minyan, Rabbi Yochanan tells us, it tells you how many chataot you're chayav, which automatically could could include both. But Rashi doesn't go into the pratim to tell you that you know that for a toldah you are not chayav. That's In our Gemara it's certainly not noge'a because what are we trying to show? That Isa ben Yehuda could not have said that you are chayav for many melachot, one, because from the Mishnah we see you're chayav for each one. That's all Rashi should have said. Why does Rashi go into this? That's the she'eilah. Now, Rashi also says here, why aren't you chayav for the toldah? Not why, he says that if you did the ืชื•ืœื“ื•ืช, ืื™ื ื• ืžื‘ื™ื ืขืœ ื”ืชื•ืœื“ื•ืช. You don't bring on the toldah. Is that how we would learn? Forget about the first she'eilah, what's noge'a here? Let's look at the etzem din. If you do an av and a toldah, you're chayav only one. What would you think, why are you chayav only one? Because the one that you bring goes on both. Whatever the one that you bring is already includes both. That's not what Rashi says. Rashi says the one that you bring is on the av, and on the toldah you don't have to bring. Rashi doesn't say that one ืคื•ื˜ืจ'ืก both. You don't bring on the toldah. Actually, Rashi in Bava Kama said it even more clear. Rashi in Bava Kama, we're gonna we'll get a little bit in Bava Kama soon, in Bava Kama ื“ืฃ ื‘ืณ, so Rashi says here, ืื™ ืขื‘ื™ื“ ืื‘ ื•ืชื•ืœื“ื” ื“ื™ื“ื™ื”, no, sorry, ืœื ืžื™ื—ื™ื™ื‘ ืืœื ื—ื“ื, that if you do an av and a toldah you're only chayav one, so Rashi says ืืื‘ ืžืœืื›ื”, you're chayav for the ืื‘, ืื‘ืœ ืืชื•ืœื“ื” ื“ื™ื“ื™ื” ืœื ืžื™ื—ื™ื™ื‘. You're not chayav for the toldah. Rashi says it here, Rashi in Keritot, in Keritot ื“ืฃ ื˜ืดื• ืขืžื•ื“ ืืณ, Rashi says the same thing here, ื›ื“ืืžืจ ืจื‘ ืืœืขื–ืจ ืฉืื ืขืฉื” ืื‘ ื•ืชื•ืœื“ื” ื‘ื”ืขืœื ืื—ืช ื—ื™ื™ื‘ ืฉืชื™ื. If an ืื‘, ืื‘, ื›ื’ื•ืŸ ืงื•ืฆืจ ื•ืงื•ืฆืจ, ื–ื” ื–ื• ื•ื–ื• ืื‘ ืžืœืื›ื”, he's not talking about a toldah, he's talking twice ืื‘, ืคื˜ื•ืจ ืžืŸ ืื—ืช. You're patur from one. But the she'eilah is, why is it noge'a here to know that the pshat is that you're patur from the toldah? Rashi should have said, if you do the av and the toldah you're only chayav one for both. One for both. But not the vort that you're chayav only for the av and not chayav for the toldah. Why is this Rashi trying to give us a ืงื•ื•ืขื˜ืฉ? So to explain the way Rashi learns the pshat in the Gemara, let's go back. Let's go back to the havah aminah. We thought that Isi ben Yehudah holds that you're only chayav one. What's the reason why we thought you're only chayav one? If you do more than one ืžืœืื›ื” ื‘ื”ืขืœื ืื—ื“, you're only chayav one. What's the sevara? So Rashi gives a sevara. The sevara is ื“ื›ืœ ื—ื™ืœื•ืœ ืฉื‘ืช ื›ืœ ื—ื™ืœื•ืœ ื“ืฉื‘ืช ื’ื•ืฃ ืื—ื“ ืฉืœ ืขื‘ื™ืจื” ื”ื™ื. Because any chilul Shabbat is one aveirah, the same aveirah. It's all one guf of an aveirah. So what's the difference if you cooked or you wrote? It's all chilul Shabbat, memeila it's as if you did twice the same, same thing. Now we'll explain what this Rashi means, and that's going to be the hakdamah to further. Every melachah of Shabbat has two inyanim in it. You have the nekudah of it, or let's call it the etzem of it, and then you have the tzurah of it. The tzurah, the shape, the the form. The nekudah is you are doing a melachah, you are doing chilul Shabbat. You are doing a melachah, and what's a melachah? A melachah, as we learned many times, why is hotza'ah called a ืžืœืื›ื” ื’ืจื•ืขื”? Because the geder of a melachah is you are creating something. You are making something. The Aibershter doesn't want you to make anything on Shabbat, which is like something new. And the Aibershter didn't even say in the Torah 39 melachot. There's one ืคืกื•ืง, ื›ืœ ืžืœืื›ื”, the same pasuk a few times, but there's one thing: ืœื ืชืขืฉื” ื›ืœ ืžืœืื›ื”, don't do any melachah. So really, all the melachot have a common denominator. They're all a melachah, they're all creative work, that's what it is. That's the etzem of the melachah. Then you have the tzurah of the melachah. What's the ืฆื™ื•ืจ? How do you create? You create through cooking, you create through writing, you create through through through through baking, you create through through shechting, every ืžืœืื›ื” is another form of the creation, another form of the ืžืœืื›ื”. So you have the ืขืฆื ื”ืžืœืื›ื”, and you have the ืฆื™ื•ืจ of the ืžืœืื›ื”. When the Torah says you are ื—ื™ื™ื‘ for the ืžืœืื›ื”, for which part of the ืžืœืื›ื” are you ื—ื™ื™ื‘? Are you ื—ื™ื™ื‘ for the ืขืฆื of the ืžืœืื›ื”, because you created, or are you

Essence vs. Form of a Melacha โ€“ The Core Argument

ื—ื™ื™ื‘ for the ืฆื™ื•ืจ of the ืžืœืื›ื”? Now, if you are ื—ื™ื™ื‘ for the ืฆื™ื•ืจ of the ืžืœืื›ื”, then farshteyt zikh, the ืฆื™ื•ืจ of writing, the form of how you're creating through writing, how you're creating through cooking are two different things, writing and cooking are not the same. So then what should be? You're ื—ื™ื™ื‘ for writing, and you're ื—ื™ื™ื‘ for cooking. If you do both, you're ื—ื™ื™ื‘ for both, you're ื—ื™ื™ื‘ two. If the main reason you're ื—ื™ื™ื‘ is for the ืขืฆื, ื”ื ืงื•ื“ื” of the ืžืœืื›ื”, what's the ืขืฆื? That You are doing a ืžืœืื›ื”, you are doing a ื—ื™ืœื•ืœ ืฉื‘ืช, or put in these words, you are doing some creative work, if that's the reason, so what's the ื—ื™ืœื•ืง if you cooked or you or you wrote? You did the same thing twice. The ืฆื™ื•ืจ is not what counts, the ืฆื™ื•ืจ is a ืฆื™ื•ืจ, but what counts for the ื—ื™ื•ื‘ ื—ื˜ืืช or the ื—ื™ื•ื‘ ืกืงื™ืœื”, whatever it is, is because of the ืขืฆื. And that's what Rashi says, that when we had an hava amina that Isi ben Yehuda held that you're ื—ื™ื™ื‘ only one, so Rashi, why? Because we learn ื“ื›ืœ ื—ื™ืœื•ืœ ื“ืฉื‘ืช ื’ื•ืฃ ืื—ื“ ืฉืœ ืขื‘ื™ืจื” ื”ื™ื. Any ื—ื™ืœื•ืœ is the same ืขื‘ื™ืจื”. Ah, it's not the same, this is cooking and this is writing? But that's not the real reason for the chiyuv. The chiyuv is because of the ื’ื•ืฃ ืขื‘ื™ืจื”, the ื—ื™ืœื•ืœ ืฉื‘ืช ืฉื‘ื“ื‘ืจ, the the the ืžืœืื›ื” ืฉื‘ื“ื‘ืจ. And since it's the melachah, it's all the same. It's like if a person, let's say, cooks meat and then he cooks fish, it's a different ืฆื™ื•ืจ. You'd say you're chayav two? Because the melachah is the same. So ืขืœ ื“ืจืš ื–ื” if you learn if it's the ืขืฆื, they're both the same. I do want to stop for a moment and b'avornen that we find in a different place where we look at the ืขืฆื of the melachah and the ืฆื™ื•ืจ of the melachah from a different angle. And that's not a setirah to what I'm saying. The

Rebbeโ€™s Sichah: Rabbi Yehuda vs. Rabbi Shimon on Intent

famous sichah in ื—ืœืง ื–ืณ, ืฆื• ืฆื™ื™ื›ืขื ืขืŸ ื—ืœืง ื–ืณ ืขืžื•ื“ 190, where the Rebbe is masbir the machloket between Rabbi Yehudah and Rabbi Shimon whether ืžืœืื›ื” ืฉืื™ื ื• ืžืชื›ื•ื™ืŸ is chayav or not. Rabbi Yehudah says if you do a melachah and you're not mechaven to do it, you meant to do something else, lemashal, the practical example, you schlep a chair from one corner of the house to the other, and the floor is made of sand, and while you're schlepping it, it makes a ื—ืจื™ืฅ, it makes a a line in the ground, in the sand, which is a ืžืœืื›ื” ื“ืื•ืจื™ื™ืชื, but that's not what you need. You want the chair here, that's all. So Rabbi Yehudah says you are chayav even though you were not mechaven to the melachah, and Rabbi Shimon says you are patur. Then there's another case: ืžืœืื›ื” ืฉืื™ื ื” ืฆืจื™ื›ื” ืœื’ื•ืคื”. If you do a melachah, but you're doing it not with the kavanah for what the melachah is usually intended. ืœืžืฉืœ, ื—ื•ืคืจ ื‘ื•ืจ, digging a hole in the ground is a ืžืœืื›ื” ื“ืื•ืจื™ื™ืชื. Well, what happens if you dig the hole not because you need a hole, because you need sand? That's a ืžืœืื›ื” ืฉืื™ื ื” ืฆืจื™ื›ื” ืœื’ื•ืคื”. So your kavanah is not really for what the melachah stands for. Same ืžื—ืœื•ืงืช. Rabbi Yehuda says you're ื—ื™ื™ื‘, Rabbi Shimon says you're ืคื˜ื•ืจ. And the Rabbi is ืžืกื‘ื™ืจ what's the ื ืงื•ื“ื” of their ืžื—ืœื•ืงืช, and this is what the Rabbi says: that they go ืœืฉื™ื˜ืชื. We find another ืžื—ืœื•ืงืช between Rabbi Yehuda and Rabbi Shimon, and then we find another ืžื—ืœื•ืงืช between Rabbi Yehuda and the ื—ื›ืžื™ื. The Rogatchover explains that the ืคืกื•ืง says ื•ื”ืฉื‘ืชื™ ื—ื™ื” ืจืขื” ืžืŸ ื”ืืจืฅ. Hashem says when ืžืฉื™ื— will come, I will destroy wild animals. So Rabbi Yehuda says what that means is, I will destroy them, they will not exist anymore. Rabbi Shimon says they'll exist, but ืฉืœื ื™ื–ื™ืงื•. I'll destroy, meaning I'll take away the fact that they are ืžื–ื™ืงื™ื, that they are ืžื–ื™ืง. So the Rogatchover says, what is the ืžื—ืœื•ืงืช? The ืžื—ืœื•ืงืช is the same ืžื—ืœื•ืงืช as another ืžื—ืœื•ืงืช. Not Rabbi Yehuda and Rabbi Shimon, Rabbi Yehuda and the ื—ื›ืžื™ื, and Rabbi Shimon is one of the ื—ื›ืžื™ื. By ื—ืžืฅ, the Torah says ืชืฉื‘ื™ืชื•, you have to destroy the ื—ืžืฅ. Rabbi Yehuda says how do you destroy the ื—ืžืฅ? ืื™ืŸ ื‘ื™ืขื•ืจ ื—ืžืฅ ืืœื ืฉืจื™ืคื”, you have to burn it. And the ื—ื›ืžื™ื say you don't have to burn it, ืžืคื•ืจืจ ื•ื–ื•ืจื” ืœืจื•ื—, you can take the ื—ืžืฅ, break it up into pieces, make it not edible, throw it in the in in in the in the toilet, you're allowed to be. What's the ื ืงื•ื“ื” of the ืžื—ืœื•ืงืช? The Rogatchover says, Rabbi Yehuda says when the Torah says ืชืฉื‘ื™ืชื•, destroy, it means the ืขืฆื. The thing itself, the whole ืขืฆื of the chametz has to be destroyed. If you break it up in little pieces and make it so that you can't eat it, what you destroyed was the ืฆื•ืจื”, the ืฆื™ื•ืจ, the shape, the the ability to eat it. The ืขืฆื of chametz is still there. Zogt Rabbi Yehuda, you didn't you didn't do enough. The Torah says ืชืฉื‘ื™ืชื•, ืชืฉื‘ื™ืชื• means the ืขืฆื, so you have to burn it. When you burn it, you burn the whole thing, now it's left as ashes. Mah she'ein kein the Chachamim hold, no, you don't have to burn, Chachamim hold ืชืฉื‘ื™ืชื• does not mean the ืขืฆื. As long as you destroy the ืฆื•ืจื”, the shape of it, the ืฆื™ื•ืจ, the it's enough. The same thing the Rebbe says is machloket the Rogatchover said machloket Rabbi Yehuda and Rabbi Shimon by the ื—ื™ื•ืช. Rabbi Yehuda says ืชืฉื‘ื™ืชื• means the ืขืฆื, so when the Torah says ื•ื”ืฉื‘ืชื™ ื—ื™ื” ืจืขื” ืžืŸ ื”ืืจืฅ, it means the ืขืฆื of the ื—ื™ื”. That means that the ื—ื™ื” will not be there. And Rabbi Shimon says, no, the ืฆื•ืจื”. The ืขืฆื ื—ื™ื” is is the ืขืฆื ื—ื™ื”, and then you have the fact that the ื—ื™ื” is ืžื–ื™ืง, that's the ืฆื•ืจื” of the ื—ื™ื”, that's the form. So Rabbi Shimon says that ื•ื”ืฉื‘ืชื™ means of the ืฆื•ืจื” we'll get rid. This is the Rogatchover. So the Rebbe says that Same thing by Shabbos, because by Shabbos we find the same lashon. What's the reason for the ืžืœืื›ื•ืช? ืื™ืกื•ืจ ืžืœืื›ืช ืฉื‘ืช is because it says ื‘ื™ื•ื ื”ืฉื‘ื™ืขื™ ืชืฉื‘ื•ืช, which is from the same shoresh as ืชืฉื‘ื™ืชื• as ื•ื”ืฉื‘ืชื™. So there you have the same thing. There is the etzem of the melachah and there is the tzurah of the melachah. The etzem of the melachah is actual doing of the melachah. The kavanah of the melachah, since by Shabbos there's a special din of ืžืœืื›ืช ืžื—ืฉื‘ืช ืืกืจื” ืชื•ืจื”, you have that machshavah, so the kavanah that's the tzurah of the melachah. So R'' Yehuda who holds that ืชืฉื‘ื™ืชื• means the etzem, ื•ื”ืฉื‘ืชื™ means the etzem, ืชืฉื‘ื•ืช also means the etzem. When what does the Torah want us to do? Get rid, you're coming back, right? Okay. Get rid of the etzem of the of the melachah. So if you don't have kavanah, it's ืื™ื ื• ืžืชื›ื•ื™ืŸ, but you did the melachah, you got rid of the tzurah of the melachah because the kavanah is the tzurah, but you didn't get rid of the etzem of the melachah, cuz you did the ืžืœืื›ื”, ืกื•ืฃ ื›ืœ ืกื•ืฃ the melachah was done. So R'' Yehuda says you did not fulfill ืชืฉื‘ื•ืช, ื‘ื™ื•ื ื”ืฉื‘ื™ืขื™ ืชืฉื‘ื•ืช, so you're still chayav. Rabbi' Shimon says no, when the Torah says ืชืฉื‘ื•ืช ืขืœ ื“ืจืš like tashbitu, all the Torah needs is get rid of the ืฆื•ืจื”, we don't care if the ืขืฆื stays. So if you don't have the proper ื›ื•ื•ื ื”, you're not over already, because you already did not do the ืžืœืื›ื”, because the ืขื™ืงืจ of the ืขื™ืงืจ the what the Torah wants you not to do is the ืฆื™ืจื” ืฆื•ืจื”, and you didn't do the ืฆื•ืจื” because you didn't have the ื›ื•ื•ื ื”. So it's ืœืฉื™ื˜ืชื•. Remember when the Rebbe said this sicha it was a a ื’ืื ืฆืข big chidush, it was like a big buftu in the whole pshat of the ืžืœืื›ื” ืฉืื™ื ื” ืฆืจื™ื›ื” ืœื’ื•ืคื” and ืื™ื ื• ืžืชื›ื•ื™ืŸ, and if you look at the sicha there, all the ื”ืขืจื•ืช there, it's a lot, because it's a ื’ืื ืฆืข ืœืžื“ื ื™ืฉืข ืขื ื™ื ื™ื that this is a machloket. So lechora, we have a

Different Types of ืขืฆื and ืฆื•ืจื”

different ื˜ื™ื™ื˜ืฉ of ืขืฆื and ืฆื•ืจื” here. According to this, the ืขืฆื of the ืžืœืื›ื” is the ืžืขืฉื” ื”ืžืœืื›ื”, the ืคืขื•ืœื” of the ืžืœืื›ื”, the ืฆื•ืจื” is the ื›ื•ื•ื ื”. I was saying something else before. I was saying there's the ืขืฆื ื ืงื•ื“ื” of the ืžืœืื›ื” that you are doing a ืžืœืื›ื”, and then there is a ืฆื•ืจื” of the ืžืœืื›ื”, what shape of ืžืœืื›ื”, whether you did the creative work, the creative work is the ืขืฆื, whether you did it through this or this form or this form. But it's no ืกืชื™ืจื”, obviously it's no ืกืชื™ืจื”. Why? Because ืขืก ื•ื•ืขื ื“ื˜ ื–ื™ืš ื•ื•ืื• ืžืขืŸ ืจืขื“ื˜. And I don't mean that joke, chas veshalom, in Chassidus, ืขืก ื•ื•ืขื ื“ื˜ ื–ื™ืš ื•ื•ืื• ืžืขืŸ ืจืขื“ื˜. There are two different types of ืขืฆื and ืฆื•ืจื”. There is ื‘ื ื•ื’ืข ื™ื—ืก to the ืžืขืฉื” and the kavanah, this is the ืขืฆื and this is the ืฆื•ืจื”. But when we're talking in the melachah itself, what's the ืขืฆื and what's the ืฆื•ืจื”, so the ืžืขืฉื” ื”ืžืœืื›ื”, the physical way you're doing it, that's the ืฆื•ืจื”, the ืขื•ืžืง ื”ื“ื‘ืจ, what's behind it, what that that's the ืขืฆื. So they're not they're not ืขืฆื and ืฆื•ืจื” of the same thing. Chassidus we

Chassidus on ืขืฆื vs ืฆื•ืจื” in Melacha

learn that. Famous kashya. Says Rosh Hashanah there's ืขืœื™ื” of ืžืœื›ื•ืช from ื”ืขืœื. What's ืขื•ืœื”? The ืคื ื™ืžื™ื•ืช is ืขื•ืœื”, only the ืžืงื™ืฃ remains, the ื—ื™ืฆื•ื ื™ื•ืช remains. Shabbos it says the ื—ื™ืฆื•ื ื™ื•ืช ืขื•ืœื”, only the ืคื ื™ืžื™ื•ืช stays. So the Rebbe has a ืฉืืœื”, what about ื™ื•ื ื˜ื•ื‘ ืฉืœ ืจืืฉ ื”ืฉื ื” ืฉื—ืœ ืœื”ื™ื•ืช ื‘ืฉื‘ืช? So ืกื™ื™ the ืขื•ืœื” the ืคื ื™ืžื™ื•ืช is ืขื•ืœื”, ืกื™ื™ the ืžืงื™ืฃ the ื—ื™ืฆื•ื ื™ื•ืช is ืขื•ืœื”, so it shouldn't be the world shouldn't exist. And the Rebbe explains it's in ื—ืœืง ื˜', it's not the same ืžืงื™ืฃ and ืคื ื™ืžื™. This is not the ืžืงื™ืฃ the the ืคื ื™ืžื™ and and ื—ื™ืฆื•ื ื™ื•ืช of the same thing. This is ืคื ื™ืžื™ื•ืช ื—ื™ืฆื•ื ื™ื•ืช of in one ืขื ื™ืŸ, so the ืคื ื™ืžื™ื•ืช of that is ืขื•ืœื”. Here it's the ื—ื™ืฆื•ื ื™ื•ืช of something else, it's not the same thing. Same the same thing here, the the ืขืฆื and ืฆื•ืจื” that we're talking about here is a different ืกื“ืจ of ืขืฆื and ืฆื•ืจื”. There we're talking the ืžืขืฉื” versus the ื›ื•ื•ื ื”, and here we're talking in the ืžืขืฉื” ื’ื•ืคื, there is the ืขืฆื ื”ืžืขืฉื”, the the ืชื•ื›ืŸ, the ืขื•ืžืง ื”ืžืขืฉื”, which is a ืžืœืื›ื”, and then you have the ืฆื•ืจื” of how the ืžืœืื›ื” was done, which way you did this ืžืœืื›ื”. So the

Bottom Line: ืขืฆื ื ืงื•ื“ื” vs ืฆื•ืจื”

bottom line is, this was just ื“ืจืš ืื’ื‘ to get to the point, what I'm trying to say is that if you say that the ืขื™ืงืจ of the ืžืœืื›ื” is the ืขืฆื ื ืงื•ื“ื” of the ืžืœืื›ื”, then you're ื—ื™ื™ื‘ only one even though you did two ืžืœืื›ื•ืช, because the the two ืžืœืื›ื•ืช are really the same, then the the ืขื™ืงืจ of the ืžืœืื›ื” is the same. ืžื” ืฉืื™ืŸ ื›ืŸ if you say the ืฆื•ืจื” of the ืžืœืื›ื”, the shape, how you did it, then that's different. This is cooking and this is doing it some other way. Okay, this is to explain that. What the Gemara did was, the Gemara thought that Isi ben Yehuda holds that the ืขื™ืงืจ is the ืขืฆื, and that's why you're ื—ื™ื™ื‘ one. So the Gemara says can't be. Why can't it be? Because we see from the Mishnah, the way Rabbi' Yochanan explains, you're ื—ื™ื™ื‘ on each one. If you're ื—ื™ื™ื‘ on each one, assuming that what, that the ืขื™ืงืจ of the ืžืœืื›ื” is not the ื ืงื•ื“ื” ืขืฆืžื™ the ืขืฆื, but it's the ืฆื™ืจื” of the ืžืœืื›ื” is why you're ื—ื™ื™ื‘. ืžืžื™ืœื, Isa ben Yehuda couldn't have said that. Let's understand, why can't it be that Isi ben Yehuda argues against the Mishnah? Isi ben Yehuda was a ืชื ื. Why can't Isi ben Yehuda argue against the Mishnah? Maybe he holds the ืขื™ืงืจ is the ืขืฆื. Well, but it's a Mishnah. So, there's a ื—ื™ืœื•ืง between Tosafot and Rashi, and you have to help catch me exactly.

Tosafotโ€™s Evidence Against Isiโ€ฏbenโ€ฏYehudaโ€™s Position

According to Tosafot, we have a ืจืื™ื” that Isi ben Yehuda does not argue with the Mishnah. We have a ืจืื™ื”. According to Rashi, there is no ืจืื™ื”. Now, I'll tell you why. When Rabbi Yochanan makes his ื“ื™ื•ืง that from the Mishnah we see that you're ื—ื™ื™ื‘ for each one, where is the ื“ื™ื•ืง? What What made him say that? The Gemara has a ืงืฉื™ื, ืžื ื™ื™ื ื ืœืžื” ืœื™? Why did it say a number? Vos zogt Rashi? What's their ืงืฉื™ื? ื–ืื’ื˜ Rashi, let's look into the Rashi. ืžื ื™ื™ื ื ืœืžื” ืœื™? So, Rashi says, since the Mishnah continues and tells you the whole list of all the ืžืœืื›ื•ืช, don't have to give you a number. Read through the list and count them, you'll see 39. Why does he say ืžื ื™ื™ื ื? Look at Rashi. ืœืžื” ืœื™? List Let it say ืื‘ื•ืช ืžืœืื›ื•ืช, ื”ื–ื•ืจืข ื•ื”ื—ื•ืจืฉ, go through the list. ืœืžื” ืœื™ ืœืืฉืžื•ืขื™ื ืŸ ืžื ื™ื™ื ื? Why does it tell? ื”ืœื ืžื ื” ื•ื’ืžืจ, doesn't he mention them all, goes ahead and mentions them. Since he mentions them all, you could see. If this is the re'ayah, the re'ayah is only when it says the number if he lists the melachot, then you could say there's no need to

Tosafotโ€™s Explanation of Rabbi Yochananโ€™s Reasoning

What does Tosafot say? Look in Tosafot, ื•ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ. Tosafot says, ืื™ืŸ ืฆืจื™ืš ืœืคืจืฉ ื“ืคืจื™ืš ื“ืžืกืชืžื ืœื ืคืœื™ื’ ืื™ืกื™ ืขืœื”. It's not because ืžืกืชืžื Isi does not argue in the ืžืฉื ื”, ืืœื ืžื“ื‘ืจื™ ืื™ืกื™ ื ืžื™ ื™ืฉ ืœื“ืงื“ืง ื›ืŸ. From Isi ben Yehuda himself! Why? ืžื“ืงืชื ื™ ืžื ื™ื™ื ื. Isi ben Yehuda said the same lashon. Isi ben Yehuda said, ืื™ืกื™ ื‘ืŸ ื™ื”ื•ื“ื” ืื•ืžืจ, ืื‘ื•ืช ืžืœืื›ื•ืช ืžืดื ื—ืกืจ ืื—ืช. So, the same diyuk we have in the Mishnah that from the number is a re'ayah that you're chayav on each one, we have from Isi ben Yehuda himself. You can't say he holds you're chayav one on many when he says the same lashon. Now, according to Rashi, is that a re'ayah? Did Isi ben Yehuda go through the list of all the melachot? From the Mishnah? He has his what he wrote. No, he's actually, he was before the Mishnah. Isi ben Yehuda was before. He wrote Megilat Setarim before Mishnah was written down. So, Isi ben Yehuda did not write a list. So, what's the re'ayah from Isi ben Yehuda, from the fact that he says there are 39 melachot, a re'ayah that he holds that you're chayav on each one? From the Mishnah it's a re'ayah like Rashi says, because since the Mishnah goes through the list, the question is, why do you need a number? But if you wouldn't go through the list, you need a number. What's wrong if Isi ben Yehuda wants to tell us there are 39 melachot? So, there seems to be a ืžื—ืœื•ืงืช Rashi and Tosafot. Rashi learns that the re'iyah is only from the Mishnah, that the Mishnah gives us the list. Tosafot learns that the re'iyah is just from the number. That's why Tosafot says the same number we have in Isi ben Yehuda. The fact that you're telling me a number is a re'iyah that you want to tell me how many chata'ot you're chayav. So, according to Tosafot, the Gemara's got a good kashya: how could you say Isi ben Yehuda held that you're chayav only one, when he writes a number, and the number shows that you're chayav 39? But according to Rashi, that Rashi says that the whole re'iyah that you're chayav 39 is only because you write a number even though you have a list, so from Isi ben Yehuda there is no re'iyah. So lichorah the fact that we have What's that? The fact that we have Rabbi Yochanan saying peshat in the Mishnah that you're chayav for each one, is no re'iyah that Isi ben Yehuda also holds like that. So what's the kashya? The Gemara is trying to say, you can't tell me Isi ben Yehuda holds that you're chayav only one, when from the Mishnah we see you're chayav with everyone. Big deal! So he argues! So according to Rashi, we have to say like Tosafot warns, Tosafot says ืื™ืŸ ืฆืจื™ืš ืœืคืจืฉ, you don't have to say that ืžืกืชืžื ืœื ืคืœื™ื’. According to Rashi, yes, that's the peshat. According to Tosafot, we have a re'iyah from Isi ben Yehuda himself. According to Rashi, the re'iyah is not a re'iyah. It's a mistama. Since it says in the Mishnah, mistama, like Tosafot said, ืžืกืชืžื ืœื ืคืœื™ื’ ืื™ืกื™ ืขืœื”, ืžืกืชืžื ืื™ืกื™ doesn't argue. So according to Rashi, the re'aya is only the mistama. Okay. Since we're saying a re'aya is only from mistama, Rashi wants a little bit more in this mistama, not stam probably doesn't argue. What do you mean probably doesn't argue? He befeirush argues. He says befeirush, \"ืื™ื ื• ื—ื™ื™ื‘ ืืœื ืื—ืช.\" And he could argue. And from his beraita itself there is no re'aya that he holds that you're chayav for each one, so mistama he does argue. I mean, not only mistama, he argues. So there must be in this mistama there must be a little bit more. There's a sevara here. There's a sevara that mistama he doesn't argue. In order to explain that sevara that mistama he doesn't argue on the Mishnah, where do we have an extra addition, not a re'aya again, it's not a hechreach, from what I'm going to say is not a hechreach, but it adds more to the understanding, is from the fact that you're only chayav on the av, not on the toldah. And I will explain soon why. But this is the reason why Rashi here when the Gemara wants to show that Isi ben Yehuda does not argue on the Mishnah, and probably he never meant to say you're only chayav one, and we change Because of that, we change. Rashi says, what makes this more is because in what Rabbi Yochanan said, and what the Mishnah says is included a din that you're not chayav on the toldah. And since you're not chayav on the toldah, is a sevara to tell you that mistama, the one that holds that you're not chayav on the ืชื•ืœื“ื”, holds you're ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช. And since no one, that for sure, no one argues Everyone holds, no, Rabbi Elazar argues, but most people hold that when you do a ืžืœืื›ื” with the ืชื•ืœื“ื”, you're ื—ื™ื™ื‘ only on the ืื‘, from that we will see ืžืกืชื‘ืจ that you're ื—ื™ื™ื‘ ืขืœ ื›ืœ and and and still you're ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช. This will be a shtikel ืกื‘ืจื what makes us say that Isi ben Yehuda doesn't disagree. What's the ืคืฉื˜? What's ื ื•ื’ืข to know, and how does it change the fact that you're ื—ื™ื™ื‘ on the ืื‘, not on the ืชื•ืœื“ื”? So

Exploring the Issue of ืื‘ and ืชื•ืœื“ื”

let's go into this whole ืขื ื™ืŸ of ืื‘ and ืชื•ืœื“ื”. There is a ืžื—ืœื•ืงืช whether you are ื—ื™ื™ื‘ on if you do an ืื‘ and a ืชื•ืœื“ื”, if you're ื—ื™ื™ื‘ or not. What's the sevara of the ืžื—ืœื•ืงืช? So the sevara of the ืžื—ืœื•ืงืช is ื‘ื”ืžืฉืš to what we said before, but let's go into this. I explained in the beginning of the year, when we spoke about ืื‘ื•ืช and ืชื•ืœื“ื•ืช, that this falls into the ืฉืืœื” When we say the ืื‘ื•ืช teach you which ืชื•ืœื“ื•ืช are ืืกื•ืจ, is it a ื‘ื—ื™ื ื” of the siman to the ืชื•ืœื“ื•ืช, or is it the ื˜ืขื of the ืชื•ืœื“ื•ืช, the ืกื™ื‘ื”, the cause of the ืชื•ืœื“ื•ืช? And not to repeat ื‘ืืจื™ื›ื•ืช, but just ื‘ืงื™ืฆื•ืจ, what this ื ืงื•ื“ื” is, if you remember we spoke, that there are certain things which is a reason why something else is a certain ื“ื™ืŸ, and sometimes it's not a reason, it's just a ืกื™ืžืŸ which is it. And the best example is, nu? Nu? Last time when I said it and I asked the same question, about 10 guys answered right away. Ah? Which question? Where do we have something which is a question, is it a siman or a siba? The famous chakirah that the Rebbe brings ื‘ื‘ื”ืžื”. ื‘ื‘ื”ืžื”! When we say there are two simanim of what makes a ื‘ื”ืžื” ื›ืฉืจ, so the Rogatchover, the Rebbe brings from the Rogatchover the she'eilah, is this the reason why it's kasher, because it has these two ืกื™ืžื ื™ื, ืžืขืœืช ื’ืจื” ื•ืžืคืจืกืช ืคืจืกื”, or it's only a siman to know, instead of the Torah giving us a list of which behemot are kasher, gives us a a siman, but it's not the cause, it's only a siman to know. Another example I gave, just to make it clearer, when it says by Yom Tov, that this is in ื—ืœืง ืืณ, this what I'm saying now is in ื—ืœืง ื•ืณ, ืื” ื—ืœืง ื™ืดื, ื‘ื ื•ื’ืข Yom Tov, when the Torah says on Yom Tov you're allowed to do ืžืœืื›ืช ืื•ื›ืœ ื ืคืฉ, a melachah for food, is it a siba, because it's for food that's why the Torah allowed it, or that's just a siman, which melachot are mutar on ื™ื•ื ื˜ื•ื‘ ื‘ืขืฆื? So instead of the Torah giving you a whole list, gives you a siman, anything that has to do with food. What's the nafka mina? So lekhora, and the Rebbe goes on it's not so pashut, the machloket between Beit Shammai and Beit Hillel, Beit Hillel says that just like you're allowed to do, ืžืชื•ืš ืฉื”ื•ืชืจื” ืœืฆื•ืจืš ืื•ื›ืœ ื ืคืฉ, ื”ื•ืชืจื” ื ืžื™ ืฉืœื ืœืฆื•ืจืš. Since the Torah said you're allowed to these melachot for food, you can do the same melachot if it's not for food. Beit Shammai says, \"No, only for food.\" What's the nekudah of the machloket? Stam Beit Hillel says, \"Well, since you're allowed to do this, you're allowed to do this also.\" That sounds conservative to me. If you're allowed to do the aveirah, you can you're allowed to do this, mistama you can do this also. Beit Hillel holds that when the Torah said you're allowed to do the melachot of ืื•ื›ืœ ื ืคืฉ, it's not a sibah, not because of ืื•ื›ืœ ื ืคืฉ, it's a siman which melachot are mutar. So mimela we don't care if it's for food or not, the melachot are called ืžืœืื›ื•ืช ืื•ื›ืœ ื ืคืฉ. Beit Shammai says, \"No, it's a sibah, it's a reason for ืื•ื›ืœ ื ืคืฉ, for it, you're allowed, if not ืื•ื›ืœ ื ืคืฉ, you're not allowed.\" Be-emet this is by I don't think I mentioned it last time, but there are many more examples, but this is another example, ื‘ื ื•ื’ืข ืงื ื™ื ื™ื. There's a famous Maharit which has a whole she'eilah. When you make a kinyan, make a ืžืฉื™ื›ื”, ื”ื’ื‘ื”ื”, I'm ืงื•ื ื”, you want to give me something. So there's a she'eilah, is this the reason Is this something that makes it mine? Because I picked it up or whatever, that makes it mine, that's the cause, the sibah, or it's a siman. Be-emet what makes it mine, if you decide to give it to me and I decide to take it, the ื’ืžื™ืจืช ื“ืขืช makes it mine. But how do you know that the guy had a ื’ืžื™ืจืช ื“ืขืช? So the ืงื ื™ืŸ is a siman that you had a ื’ืžื™ืจืช ื“ืขืช, but that's not the sibah of ื’ืžื™ืจืช ื“ืขืช. So we find that in all kinds of places, many more places. The same she'eilah about ืื‘ื•ืช and ืชื•ืœื“ื•ืช. If when we say a certain ืื‘ is a ืจืื™ื” that anything similar to this ืื‘ is also asur, is it a siman, or is it a ta'am? Because the av is asur, this is also asur, or is it a siman? And I'll explain what that means. The nafka mina will be, if you look into the av and the reason you're chayav the av is because of the of of the nekudah of what's in this in this av, then it would be a ta'am, the toldah has the same nekudah. Let's give an example of an av and a toldah. ื”ื’ื the example I'm going to give is just it's not the exact same example, it's not exactly because that could be an av also, but let's use that as an example. The av, let's say, is ofeh, is baking. Cooking is a toldah, bishul is a toldah. So you could say like this: the nekudah of what baking is asur, because you make raw things into edible. That's why it's asur. Cooking accomplishes the same thing. It's a different form, but accomplishes the same thing. So if you learn that the reason why bishul is asur because of what's behind what's what afiyah is asur, what's in afiyah, then when we say bishul is asur, it's a ta'am. It's the reason, because it has the same reason as this. It has the exact same nekudah as this. If you say siman, know what it means? You're chayav for bishul not because of the nekudah of afiyah because it makes something that's not, it's raw into edible. What happened there is you actually baked it. Baking is asur. Now, bishul looks like it, but it's not the same thing. Bishul is not baking. If you say that, then it's only a siman. This is a siman, but this is not the reason. In other words, the reason why you're asur for the melachah, if it's the nekudah of it, then the toldah is a is a a ta'am. If you say it's not the ื ืงื•ื“ื”, it's the whole, what it is, that's what's assur, if what it is it's assur, then the ืชื•ืœื“ื” is only a ืกื™ืžืŸ, because the ืชื•ืœื“ื” is not the same thing, but it's a ืกื™ืžืŸ to know which things are assur. The nafka mina will be, who cares, call it like this, or ืกืชื ื’ืขื“ืจื™ื™ื˜ ื“ืขื ืงืืค? This is the yesod of the machloket whether if you do an ืื‘ and a ืชื•ืœื“ื”, are you chayav one or are you chayav two? If you say the reason why you're chayav for ืืคื™ื” is not for the baking of it, but for the changeover from being raw to being to being edible, then when you cook, you did the exact same thing. If it's a ta'am, you did the exact same thing. You did the same thing, because in both cases, you did exactly the same thing. So therefore, how could you be chayav two? Imagine you baked twice. If you baked twice, you're definitely chayav only one. Same thing here. If you say it's only a ืกื™ืžืŸ, and we're chayav for baking not because of the exchange from the raw to this to, but you're chayav for baking because of the baking, then the cooking is not the same thing. We have a ืกื™ืžืŸ that you're chayav for this also, but it's something else. So you are chayav for the ืชื•ืœื“ื” also. So the one that obviously that holds that you're chayav for a ืชื•ืœื“ื”, which has ืชื•ืœื“ื” ื‘ืžืงื•ื ืื‘, you're chayav for both, because he holds that the ืขื™ืงืจ, that ื ืงื•ื“ื” that's here is the the ืฆื™ื•ืจ ืžืžืฉ, the full-fledged ืฆื™ื•ืจ of exactly what you did, that's the reason why you're chayav. If you're chayav for that, then the ืชื•ืœื“ื” is something else, even though from here we know that the ืชื•ืœื“ื” is chayav, that's all. But this is not the same thing. But if you hold that the ืขื™ืงืจ is not the way the ืฆื™ื•ืจ ื—ื™ืฆื•ื ื™ is, but what's behind it, that's why you're chayav for the ืื‘, and the ืชื•ืœื“ื” is a reason why the ืชื•ืœื“ื”, because it's the same thing, so you're doing twice the same thing.

Bavaโ€ฏKama Connection to the ืื‘โ€‘ืชื•ืœื“ื” Debate

Which by the way, this explains the Gemara in Bava Kama. In the beginning of Bava Kama, how does bichlal the whole thing of Shabbos get into the beginning of Bava Kama? Bava Kama starts ืืจื‘ืขื” ืื‘ื•ืช ื ื–ื™ืงื™ืŸ. There are four nezikin. It's pashut very noge'a because today's ื—ืชืดืช, yesterday's ื—ืชืดืช, and this ื—ืชืดืช of these days, we're talking about the ืื‘ื•ืช ื ื–ื™ืงื™ืŸ. Today's ื—ืชืดืช is the four types of nezikin. The Gemara says here, ืžื“ืงืชื ื™ ืื‘ื•ืช ืžื›ืœืœ ื“ืื™ื›ื ืชื•ืœื“ื•ืช. If there are four ืื‘ื•ืช ื ื–ื™ืงื™ืŸ, there are toldos. And the Gemara's question is, ืชื•ืœื“ื•ืชื™ื”ืŸ ื›ื™ื•ืฆื ื‘ื”ืŸ ืื• ืœืื• ื›ื™ื•ืฆื ื‘ื”ืŸ? ื›ื™ื•ืฆื ื‘ื”ืŸ. Are the toldos of the ืื‘ื•ืช ื ื–ื™ืงื™ืŸ have the same din as the av or not? And the Gemara goes into, ื’ื‘ื™ ืฉื‘ืช ืชื ืŸ, by Shabbos we also have avos, and mimela there are toldos there too. There ืชื•ืœื“ื•ืช ื›ื™ื•ืฆื ื‘ื”ืŸ, there the toldah is the same as the av. In which way do we see the toldah is like the av? ืœื ืฉื ื ืื‘ ื—ื™ื™ื‘ ื—ื˜ืืช, ืœื ืฉื ื ืชื•ืœื“ื” ื—ื™ื™ื‘. You're chayav for the av, you're chayav for the toldah. ืœื ืฉื ื ืื‘ ืกืงื™ืœื”, ืœื ืฉื ื ืชื•ืœื“ื” ืกืงื™ืœื”. Then the Gemara continues asking a she'eilah, right, so if they're both So what's the difference between an av and a ืชื•ืœื“ื”? ื•ืžืื™ ืื™ื›ื ื‘ื™ืŸ ืื‘ ืœืชื•ืœื“ื”? So the

Gemaraโ€™s Distinction Between Two ืื‘ vs ืื‘โ€ฏ+โ€ฏืชื•ืœื“ื”

Gemara says the difference is, if you do two ืื‘ื•ืช, you're ื—ื™ื™ื‘ two, but if you do an ืื‘ with its ืชื•ืœื“ื”, you're ื—ื™ื™ื‘ only one. Lichorah, what's in that Gemara ื ื•ื’ืข the ืงืฉื™ื the Gemara has? The Gemara just wants to know, is a ืชื•ืœื“ื” like the ืื‘ by ื ื–ื™ืงื™ืŸ? And the Gemara brings different places. By Shabbos, the ืชื•ืœื“ื” is like the ืื‘. By ื˜ื•ืžืื”, it's different. The Gemara wants to know, what is the din by ื ื–ื™ืงื™ืŸ? What's noge'a, the Gemara is asking a she'eilah over there, so if you're saying you're ื—ื™ื™ื‘ for the ืื‘ and you're ื—ื™ื™ื‘ for the ืชื•ืœื“ื” because the ืชื•ืœื“ื” is like the ืื‘, so what's the difference between an ืื‘ and a ืชื•ืœื“ื”? And we answer, the difference is that if you do them both together, you're ืคื˜ื•ืจ, only ื—ื™ื™ื‘ one. What's it noge'a to that Gemara? So the nekudah I want to say is like this. When the Gemara asks to the saying to ื›ื™ื•ืฆื ื‘ื”ืŸ, is the ืชื•ืœื“ื” like the ืื‘ or not, the Gemara is really asking, is the ืื‘ When the Gemara asks is the ืชื•ืœื“ื” like the ืื‘, know what the Gemara is really asking? Is the ืื‘ to the ืชื•ืœื“ื” a ืกื™ืžืŸ or a ืกื™ื‘ื”? If it's only a ืกื™ืžืŸ, then it could be have a different ื“ื™ืŸ. If it's a If it's a ta'am, which means the ื ืงื•ื“ื” is the same in both, so it will have the same ื“ื™ืŸ. And then the Gemara wants to prove that the ื ืงื•ื“ื” is the same. The

Gemara Asks If ืชื•ืœื“ื” Is Like ืื‘ on Shabbat

Gemara wants to know, by Shabbos it's ื›ื™ื•ืฆื ื‘ื”ืŸ. How do we see it's ื›ื™ื•ืฆื ื‘ื”ืŸ? Not enough from the fact that you're ื—ื™ื™ื‘ for the ืชื•ืœื“ื” and you're ื—ื™ื™ื‘ for the ืื‘ is ื—ื™ื™ื‘ ืกืงื™ืœื”, ืชื•ืœื“ื” is ื—ื™ื™ื‘ ืกืงื™ืœื”. The fact that you're if you do an ืื‘ and a ืชื•ืœื“ื”, you're only ื—ื™ื™ื‘ one, what does that show? That the by Shabbos, the ืื‘ื•ืช and the ืชื•ืœื“ื•ืช is a ta'am. What does it mean it's a ta'am? It's not that we're looking at the ื—ื™ืฆื•ื ื™ื•ืช'ื“ื™ืงืข part, pashut you baked. We're looking at what's behind it. Where do we see And that's ื˜ื™ื™ื˜ืฉ ื›ื™ื•ืฆื ื‘ื”ืŸ. Where do we see it's ื›ื™ื•ืฆื ื‘ื”ืŸ? Where do we see by Shabbos it's ื›ื™ื•ืฆื ื‘ื”ืŸ? From the fact that you're ื—ื™ื™ื‘ on the ืชื•ืœื“ื” is still not such a re'aya. The re'aya is from the fact that if you do an ืื‘ and a ืชื•ืœื“ื”, we consider you did the same thing twice. Ah, you didn't do the same thing twice, here you baked and here you cooked! Obviously, we're looking at the ื ืงื•ื“ื”. We're looking at not at the ื—ื™ืฆื•ื ื™ื•ืช'ื“ื™ืงืข ืฆื™ื•ืจ, we're looking at the ื ืงื•ื“ื”. So it comes out like this here, according to this, that if you're ื—ื™ื™ื‘ one when you do, or you're not ื—ื™ื™ื‘ on the ืชื•ืœื“ื”, why? Because you just repeated it. That shows that it's a ื˜ืขื. What does it mean it's a ื˜ืขื, we said? It shows that we're looking at the ืขืฆื, not at the ื ืงื•ื“ื”. Ah, that's where we're going to go. So we're looking at the ืขืฆื, not at the ื ืงื•ื“ื”. But at the same time, what does Rabbi Yochanan say? That even though we're looking at the ืขืฆื, not at the ืขืฆื, not at the ืฆื™ื•ืจ, but it depends which ืขืฆื. Now we're going a new thing. There are two ืขืฆื's here. There's the ืขืฆื ื ืงื•ื“ื” of it being ื—ื™ืœื•ืœ ืฉื‘ืช, being ื ืžืœืื›ื”, and that, everything is the same. Whether it's writing or cooking, that ื ืงื•ื“ื” is the same. Then we have the ืฆื™ื•ืจ. The ืฆื™ื•ืจ, this is writing, this is cooking. Then we go a step further. In the ืฆื™ื•ืจ ื’ื•ืคื, we

Distinguishing the Drawing (ืฆื™ื•ืจ) from Its Substance

have ื“ืจื’ื•ืช. The ืฆื™ื•ืจ itself, you have the ืขืฆื of the ืฆื™ื•ืจ and the ืฆื™ื•ืจ of the ืฆื™ื•ืจ. The ืขืฆื of the ืฆื™ื•ืจ is that when you cook, it's not the same creation as writing. The real, real ืขืฆื, they're both creation. Then you go to the ืฆื™ื•ืจ. But you have that this is writing and this is cooking. But in cooking ื’ื•ืคื, you have the ืขืฆื of the ืฆื™ื•ืจ of cooking or the ื ืงื•ื“ื” of cooking. The ื ืงื•ื“ื” of cooking is that you change it from being raw to being edible, and memeila, the ืชื•ืœื“ื” has the same. And what do we see here? It's not a ื”ื›ืจื— at all, but what we see here from Rabbi Yochanan, the way he said pshat in the Mishnah, that afilu if a person looks at the ืขืฆื or the ื ืงื•ื“ื”, and therefore you are only ื—ื™ื™ื‘ one when you did an ืื‘ and a ืชื•ืœื“ื”, but we don't go so far to go into the ืขืฆื ืขืฆื of the ืžืœืื›ื”. And therefore, you are chayav for each ืžืœืื›ื” separately. So we see from here a sevara that you're going to tell me that we go into the ืขืฆื of the ืžืœืื›ื”, what are you saying? Isi ben Yehuda said you're only chayav one, which means we're going into the ืขืฆื of the ืžืœืื›ื”, and it makes sense. Comes the Gemara and says, no, we see from the Mishnah where R'' Yochanan explains that even when we go into the ืขืฆื, we don't go that far. In other words, we see from here, lichora you would say R'' Yochanan who goes into the ืขืฆื of the ืžืœืื›ื”, ื•ื•ืื• ืจืื™ื” goes to the ืขืฆื? Because you're chayav on the ืื‘ and the ืชื•ืœื“ื” you're only chayav one. A ืกื™ืžืŸ it goes into the ืขืฆื! Nevertheless, so far to go to the ืขืฆื to say that you're chayav only one on all the ืžืœืื›ื•ืช, that's not. So a ืกื™ืžืŸ that even if you look at the ืขืฆื, it's not correct to look all the way at the ืขืฆื of the ืžืœืื›ื” itself. Mimeila, we

Isi ben Yehuda vs. Rashi on Liability for Multiple Acts

come back and say mistama that Isi ben Yehuda also doesn't hold like that. Why? Because if Isi ben Yehuda would hold like that, why? Because like Rashi says ื›ืœ ื—ื™ืœื•ืœ ืฉื‘ืช ื’ื•ืฃ ืื—ื“ ืฉืœ ืžืœืื›ื”, it's all one ืขืฆื. But we see from here, mimeila if you say we don't look at the ืขืฆื at all, Isi would argue. He says we look at the ืขืฆื, we say we don't look at the ืขืฆื. That could be. But here we see that we agree with him. We agree that you look at the ืขืฆื. And nevertheless, we do not go that far to look at the ืขืฆื of the ืžืœืื›ื”, but we look at only at the ืขืฆื of the ืฆื™ื•ืจ. So ืžืกืชืžื, I'm not saying, it's only ืžืกืชืžื, that that adds that ืžืกืชืžื Isi ben Yehuda does not argue on the Mishnah. Because the reason he would argue on the Mishnah is because he goes at the ืขืฆื, and the Gemara and the Mishnah goes on the ืฆื™ื•ืจ. But we see we don't go on the ืฆื™ื•ืจ completely either. The Mishnah doesn't go on the ืฆื™ื•ืจ. ื•ื•ืื• ืจืื™ื” doesn't go on the ืฆื™ื•ืจ? That the Mishnah holds that you're not ื—ื™ื™ื‘ on the ืชื•ืœื“ื”. That means we're looking at the ืขืฆื, not Because if you look at the ืฆื™ื•ืจ ื›ืคืฉื•ื˜ื•, you'd be ื—ื™ื™ื‘ on the ืชื•ืœื“ื” separately. So since we so we see that that we also agree we don't go on the ืฆื™ื•ืจ, and nevertheless, to the further ืขืฆื we don't go. So it's hard to say already that that Isi holds we're looking at the ืขืฆื, and therefore, we're ื—ื™ื™ื‘ on on only one. Because we see that even when you're looking at the ืขืฆื, we don't look at every at the real ืขืฆื. So it's again all based on the fact that Rashi ever learned that's ืžืกืชืžื, because what I'm saying, a ื”ื›ืจื—, you could say, \"Yeah, he still argues!\" Maybe Isi ben Yehuda argues and he says, \"Yeah, we go on the real ืขืฆื!\" But it's ืžืกืชื‘ืจ. But what's this ืžืกืชื‘ืจ here? ืžืกืชื‘ืจ that even if you're looking at the ืขืฆื, there is a ื’ื‘ื•ืœ of how far you go. Only ืžืกืชื‘ืจ, not ืžื•ื›ืจื—. What's the ืžืกืชื‘ืจ? That the Mishnah goes as far as what's written? I'm saying, no, the ืฉืืœื” is if ื‘ื›ืœืœ we argue if you go on the ืขืฆื or you go on the ืฆื™ื•ืจ. That's our that's our two extremes. The Mishnah found middle ground therefore So the Not that you can look at it that way, but the Gemara says ืžืกืชื‘ืจ. If the Gemara would have no choice, the Gemara would stay with that. But ืžืกืชื‘ืจ, since we see that even when we look at the ืขืฆื there is no need we don't go further, so unless you have no choice, you won't say he goes the other extreme. Because it's a because it's a ื”ื›ืจืขื” of the whole thing? Yeah, yeah. Yeah, that that's only ืžืกืชื‘ืจ. Yeah, because it's a ืžื›ืจื™ืข, it's ืžืกืชื‘ืจ. I wouldn't say I wouldn't be ืžื›ืจื™ืข, but it's ืžืกืชื‘ืจ. When you have a way to ืžื›ืจื™ืข, there's no need to say. Like this you could say, \"I don't believe you that you look at the ืฆื™ื•ืจ, I think you look at the ืขืฆื.\" Fine. But when you see you can look at the ืขืฆื and still not be, why would we have to say differently? And it's not ืžื•ื›ืจื—, but it's all ืžืกืชื‘ืจ. So I

Rashiโ€™s Inclusion of ืชื•ืœื“ื•ืช and the Mishnahโ€™s Stance

want to say this answers the ืฉืืœื” why Rashi here brought in the whole thing of the ืชื•ืœื“ื•ืช. Because the ืฉืืœื” was what is ื ื•ื’ืข the whole ืขื ื™ืŸ of the ืชื•ืœื“ื•ืช here? He says you're ื—ื™ื™ื‘ on on five ืื‘ื•ืช one, we see in the Mishnah you're ื—ื™ื™ื‘ on each one. ืžื ื™ื ื ืœืžื” ืœื™? To tell you you're ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช. Why is it ื ื•ื’ืข that you're not ื—ื™ื™ื‘ on the ืชื•ืœื“ื”? ืœื, ืื™ ืกื‘ืจ the ืชื•ืœื“ื•ืช you're not ื—ื™ื™ื‘, so that adds to the point. Whichever way you're going to learn Rashi, definitely a ืžืกืชื‘ืจ, but this definitely adds to the point to understand the the ื’ื“ืจ of the ืžืœืื›ื”, and to say that he argues could be, but it's not ืžืกืชื‘ืจ because we have a way to look at the ืขืฆื, and which ืขืฆื? Still not the real etzem. And we see he, in other words if ืจ' ื™ื•ื—ื ืŸ would argue completely, so okay, he looks at the etzem, he's not. But we're saying he also looks at the etzem, ืืœื ืžืื™, not so far. So it's more karov, I'm not saying again, it's karov to say that he doesn't argue. This is why Rashi brings this in. If you want to say this thing more ืคืฉื˜ื•ืช, in a different way to explain this whole thing here, not ื‘ื ื•ื’ืข the ืชื•ืœื“ื•ืช, but could be the ืชื•ืœื“ื•ืช also, we'll see in a second. What's the ื ืงื•ื“ื” of the machloket? As we're going back to this, whether you're chayav one on all, if you do many ื‘ื”ืขืœื ืื—ื“ you're chayav one, or you're chayav many? One of the ืกื‘ืจื•ืช is based on the Gemara in Sanhedrin. The

Sanhedrin Analogy: Who Is Liable for Multiple Blows?

Gemara in Sanhedrin ื“ืฃ ืขืดื— ืขืดื, brought down in other places also, the ื’ืžืจื here says like this, and this is an interesting machloket. ืชื ื• ืจื‘ื ืŸ: ื”ื›ื•ื”ื• ืขืฉืจื” ื‘ื ื™ ืื“ื ื‘ืขืฉืจ ืžืงืœื•ืช ื‘ืขืฉืจื” ืžืงืœื•ืช, if 10 people hit the guy, each one hit him with a stick, ื•ืžืช, and he died at the end, who's chayav for ืฉืคื™ื›ื•ืช ื“ืžื™ื or ืจืฆื™ื—ื”, for killing, for murder? So, the Mishnah, the baraita is like this: ื‘ื™ืŸ ื‘ื‘ืช ืื—ืช ื•ื‘ื™ืŸ ื‘ื–ื” ืื—ืจ ื–ื” ืคื˜ื•ืจื™ืŸ. Whether they all hit together or one after another, they're all patur, because none of them really did the whole killing. ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ืชื™ืจื ืื•ืžืจ: No, ื‘ื–ื” ืื—ืจ ื–ื” ื”ืื—ืจื•ืŸ ื—ื™ื™ื‘. If one after another, the last one who gave the last blow and killed him, he's chayav, ืžืคื ื™ ืฉืงื™ืจื‘ ืืช ืžื™ืชืชื•, because he made his ืžื™ืชื” closer. ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ: ื•ืฉื ื™ื”ื ืžืงืจื ืื—ื“ ื“ืจืฉื•. Rabbi Yochanan said like this: ื•ืฉื ื™ื”ื ืžืงืจื ืื—ื“ ื“ืจืฉื•, they both ื“ืจืฉ-en the same ืคืกื•ืง. The ืคืกื•ืง says: ื•ืื™ืฉ ื›ื™ ื™ื›ื” ื›ืœ ื ืคืฉ ืื“ื. If a man will hit, will kill ื›ืœ ื ืคืฉ ืื“ื, that's the lashon. What's the ืคืฉื˜ ื›ืœ ื ืคืฉ ืื“ื? ื›ืœ ื ืคืฉ ืื“ื. So ืจื‘ื ืŸ ืกื‘ืจื™ ื›ืœ ื ืคืฉ, ืขื“ ื“ืื™ื›ื ื›ืœ ื ืคืฉ. ื›ืœ ื ืคืฉ means if you killed the whole nefesh. If 10 guys hit him and the last guy killed him, he didn't kill, really, he started to be killed by the rest, so he didn't kill the whole nefesh, and therefore you're patur. And ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ืชื™ืจื ืกื‘ืจ, the same pasuk, ื›ืœ ื ืคืฉ means ื›ืœ ื“ื”ื• ื ืคืฉ. ื›ืœ ื“ื”ื• ื ืคืฉ means any little bit of the nefesh. So lif'oal this guy killed him. ืื™ื™ he only killed him 10%, the bottom line he killed him, and 10% is enough because the pasuk says kol, it means ื›ืœ ื“ื”ื•. You know what the difference between the two peshatim is? There are two words in Yiddish what the Rebbe used to use many times. He used to say the lashon: ืืœืข ืื™ื“ืŸ ืื•ืŸ ื™ืขื“ืขืจ ืื™ื“. What's the difference? ืืœืข ืื™ื“ืŸ means all the ืื™ื“ืŸ, all together, as one. ื™ืขื“ืขืจ ืื™ื“ means each one separately. When it says kol, does it mean the ื›ืœ ื ืคืฉ means the ื’ืื ืฆืข ื ืคืฉ, or the ื™ืขื“ืขืจ ืฉื˜ื™ืงืœ ืคื•ืŸ ื“ื™ ื ืคืฉ? So that the Chachamim who say you're patur say it means ืืœืข, and this if the last guy who killed him didn't do ืืœืข, didn't do the whole thing. And Rabbi Yehuda ben Beteira says: No, it means ื™ืขื“ืขืจ, any little bit. And since you killed him, even though it was a little bit of nefesh, you're chayav. The same thing is ื‘ื ื•ื’ืข ืžืœืื›ื•ืช ืฉื‘ืช. What does the pasuk say? ืœื ืชืขืฉื” ื›ืœ ืžืœืื›ื”. Does kol mean ื™ืขื“ืขืจ ืžืœืื›ื”, or does kol mean ืืœืข ืžืœืื›ื•ืช? You can learn kol means ืืœืข ืžืœืื›ื•ืช, don't do all the melachot. And if that's the peshat, what would I learn? That if you do two ืžืœืื›ื•ืช, you're chayav only one, it's all the same, the Torah says do not do all the all ืžืœืื›ื•ืช. If you say ื›ืœ means ื™ืขื“ืขืจ, the Torah says don't do each ืžืœืื›ื”. So if you do each, if you do two separate ืžืœืื›ื•ืช, you're chayav for two. Now lichorah, if you darsh-en, if you say you're chayav two, that means that we're darsh-ning ื™ืขื“ืขืจ ืžืœืื›ื”. If we're darsh-ning ื™ืขื“ืขืจ ืžืœืื›ื”, every ืžืœืื›ื”, then what should be the ื“ื™ืŸ of ืื‘ and a ืชื•ืœื“ื”? Should also be chayav for both. The Torah says ืœื ืชืขืฉื” ื›ืœ, every ื™ืขื“ืขืจ ืžืœืื›ื”. What do we see? That as much as the Torah says ื™ืขื“ืขืจ ืžืœืื›ื”, that means that when we darsh-en that you're not chayav for the ืชื•ืœื“ื”, that means we're darsh-ning ื›ืœ ืžืœืื›ื” means ืืœืข ืžืœืื›ื•ืช, which doesn't mean ื™ืขื“ืขืจ ืžืœืื›ื”, nevertheless, when it comes to the ืื‘ื•ืช, we do darsh-en ื™ืขื“ืขืจ ืžืœืื›ื”. And this is what we're trying to say to Rabbi Yehuda: You want to you're saying maybe he holds that you're chayav only one, why? Because he darsh-ens ื›ืœ ืžืœืื›ื” means ืืœืข ืžืœืื›ื•ืช, I want to show you that even if we darsh-en ื›ืœ ืžืœืื›ื” is not ื™ืขื“ืขืจ ืžืœืื›ื”, nevertheless you're chayav on each one. Where do we see it? From the ืชื•ืœื“ื•ืช. You see by the ืชื•ืœื“ื•ืช that everybody Rabbi Yochanan the Mishnah agrees that you're chayav only one when you do the ืื‘ and the ืชื•ืœื“ื”. So when you do the ืื‘ and the ืชื•ืœื“ื” you're chayav one, obviously you were ื“ืจืฉ-ning not ื™ืขื“ืขืจ ืžืœืื›ื”. So basically, we're learning like you, not ื™ืขื“ืขืจ ืžืœืื›ื”. You're saying you're chayav only one because it's not ื™ืขื“ืขืจ ืžืœืื›ื”. Yeah, the Mishnah also holds not ื™ืขื“ืขืจ ืžืœืื›ื”, and nevertheless, what does the Mishnah say? You're ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช. So mimela we see that it's not learning ื™ืขื“ืขืจ ืžืœืื›ื” is not ืžื›ืจื™ืข. Again, it's not it's not a ืžื•ื›ืจื—, you can you could say he says differently, but again I'm just trying to say that it's all to the mistama that since we see that in one way we hold like you and there is a way to hold like you and nevertheless ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช, so mistama he also holds the same way, which is the same ื’ืื ื’ as before, but before I went to the whole thing in ื˜ืขื ื•ืกื™ืžืŸ. Here I'm going just from the ืคืกื•ืงื™ื, that since he ื“ืจืฉื 'ืก ื›ืœ, and he says the ืื‘ and the ืชื•ืœื“ื” you're chayav one, so we ื“ืจืฉืŸ not ื™ื“ืข ื‘ืžืœืื›ื”, so why would you go and ื“ืจืฉ ื™ื“ืข not ื™ื“ืข ื‘ืžืœืื›ื” all the way that you're chayav only one when you do more than one? So that is ืžืกืชื‘ืจ that even Rabbi Yosi ben Yehuda holds that you're ื—ื™ื™ื‘ ืขืœ ื›ืœ ืื—ืช ื•ืื—ืช. According to Tosafot, we don't have to say this whole thing, because according to Tosafot we said Tosafot learns that we have a re'ayah from Yosi ben Yehuda himself. But according to Rashi that we don't have a re'ayah, so we have to bring a re'ayah from sevara, this is a sevara. Ela mai in Tosafos ื’ื•ืคื, in the previous Tosafos, Tosafos said that how do we know? Because mistama, yeah, ื“ืœื ืคืœื™ื’ ืืžืชื ื™ืชื™ืŸ ื“ื›ืœืœ ื’ื“ื•ืœ, like mistama he doesn't argue. How Tosafos learns here that we have a re'ayah from himself, okay that's already the Maharsha, so we won't go into that, look into the Maharsha. You're done? Yeah.

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