Shabbos 91a โ Iyun
The Shiur for Carrying a Dried Fig on Shabbos
Part of Shabbos (Iyun)
A Shabbos sugya on the minimum measure for carrying food, the concept of dichuy -- a delay that affects liability -- and the Ramban and Rashba's dispute over how the shiur is calculated when the item shrinks.
Audio Transcript
after that piece of Gemara that we spoke about in the previous shiur, this is what the Gemara says here: ืืืจ ืจืื ืืืจ ืจื ื ืืื, we're going to learn a whole piece of Gemara. Rava said in the name of Rav Nachman: ืืืฆืื ืืืจืืืจืช ืืืืืื ืื ืืื ืขืืื ืืืจืืขื, ืื ื ืื ืืืจืืขื ืื ืืื ืขืืื ืืืืืื. We learned before like this, that when you carry something out there's a shiur, and if you carry out food the shiur that you're chayav is if it's ืืืจืืืจืช, like a dried fig, that's a shiur. If you carry out less than a ืืจืืืจืช, less than that, you're not chayav. But if you put it away before, ืืืฆื ืืข, and you had in mind to plant it, that means let's say you took one seed, one seed, and you put it away in order to plant it, and to plant one seed you made it chashuv, so then if you carry out that one seed you are chayav. So we have to remember that ืืืืืื the shiur is a ืืจืืืจืช. ืืืจืืขื, if you carry ืืืจืืขื, the shiur is ืื ืฉืืื, whatever it is. So Rav Nachman, Rava says in the name of Rav Nachman, if you carried out a ืืจืืืจืช ืืืืืื, that's how you started, you took out, when you made the ืขืงืืจื you took out a food, seeds, but it had the shiur of ืืืืื, and it was a ืืจืืืจืช, but you had in mind ืืืืืื, ืื ืืื ืขืืื ืืืจืืขื, but in the middle as you were carrying you changed your mind and you're going to use it for planting. ืื ื ืื ืืืจืืขื ืื ืืื ืขืืื ืืืืืื, or you had in mind ืืืชืืืื ืืืจืืขื to plant it, and then in the middle you changed your mind ืืืืืื, ืืืื, you are still chayav. The shiur of ืืจืืืจืช is bigger than the shiur for ืืจืืขื. In this case, it had the bigger shiur. So the
Gemara asks: peshita. Well, obviously, why would we think you're not chayav? ืืื ืืื ืืืื ืฉืืขืืจื ืืืื ืืื ืืืื ืฉืืขืืจื. What you took out was a ืฉืืขืืจ, ืฉืืขืืจ ืืืืืื, and ืืืจืืขื is a smaller shiur, but if you have a big piece like ืืจืืืจืช, it is good for everything, so it was peshita. What's the chiddush? Why does it have to tell us a din? We know, it's pashut. So the Gemara answers: ืืื ืืชืืื, I would have thought ืืขืื ื ืขืงืืจื ืืื ืื ืืืื ืืืฉืื, that you have to have an ืขืงืืจื and ืื ืื with one machshavah, with one thought, and here with different machshavot, first it was ืืืฉืื ืืืืืื then ืืืจืืขื, ืืืฉืื ืืืจืืขื then ืืืืืื. Hold on, and here you don't have it. ืงื ืืฉืืข ืื, and that's why Rava said in the name of Rav Nachman that even though you change your machshavah, still chayav. Zogt di Gemara vaiter: ืืขื ืจืื, Rava asked a question: ืืืฆืื ืืฆื ืืจืืืจืช, you have to hold the kap here for the question, the question goes one into the other, it's like ืืืฆืื ืืฆื ืืจืืืจืช ืืืจืืขื, if a person took out a half a ืืจืืืจืช ืืืจืืขื, now for ืืจืืขื half a ืืจืืืจืช is enough, ืืชืคืื, it blew up, it became big, expanded in middle of walking, and it became a ืืจืืืจืช, ืื ืืื ืขืืื ืืืืืื, and then he changed his mind and he's ืืืืืื, but now, after it swelled up, it expanded, so that now he changed his mind ืืืืืื, ืืื, what's the din? What's the she'eilah, he explains: ืื ืชืืฆื ืืืืจ ืืชื, ืืืื in the first case where he took out a ืืจืืืจืช for both, that's why you're ืืืื, ืืชื ืืื ืืืืืื, you're chayav because ืืื ืืื ืืืื ืฉืืขืืจื ืืืื ืืื ืืืื ืฉืืขืืจื, there's a shiur for both. ืืื ืืื, here, ืืืื ืืืขืืื ืืืคืงืื ืื ืืื ืืื ืฉืืขืืจ ืืืืื, ืื ืืืืืื, when you took it out it didn't have a ืฉืืขืืจ ืืืืื. The truth is you didn't have in mind ืืืืืื, but ืืคืืขื, ืกืืฃ ืื ืกืืฃ, the end of this melachah ended up with achilah, with your mind of achilah, and that's why I said we have to hold the kop. I was. And you let go. You said we have to talk with a half of, he took it out a half a gerogeret with a mind ืืืจืืขื, which is which is a shiur. He didn't do anything yet, he didn't finish the melachah yet, that's about ืขืงืืจื. Then it blew up and became a gerogeret, and then he changed his mind la'achilah. So he says, are you chayav or not? Now he explains what the reason for the question is. In the previous case, in the previous case it was the whole time a gerogeret for both. Here, ืืืชืืืื it didn't have a ืฉืืขืืจ ืืืืืื. Now the truth is he didn't have in mind la'achilah, he had in mind ืืืจืืขื, but if you're going to look at the beginning in relationship to the end, it didn't have a shiur, cuz the end ended up la'achilah, and what he had before was only a ืืฆื ืืจืืืจืช. Now, at that moment he had in mind ืืืจืืขื, but the she'eilah is maybe he's not chayav, o dilma, or maybe, ืืืื ืืืืื ืืืฉืชืืง, had he been quiet, ืืื ืืฉืื ืขืืื, had he not changed his mind, let it continue, ืืืืืื, he would be ืืืื, ืืืืฉืื ืืืจืืขื, even though it blew up, doesn't matter, he had a ืืืฉืื ืืืจืืขื, he carried it, and grew up. Had he continued ืืืจืืขื, he would have been chayav. ืืฉืชื ื ืื ืืืืื, is also chayav, because what he did before was 100% fine. At the end when he changed his mind, it was again fine. I mean, it has a shiur, because now it blew up. So maybe he's chayav. Then he goes vayter. ืื ืชืืฆื ืืืืจ, now if you're going to tell me that in this case ืืืื ืืืืฉืชืืง ืืื ืืฉืื ืขืืื ืืืืืื ืืืืฉืื ืืืจืืขื, ืืฉืชื ื ืื ืืืืืื, if you're going to say that we accept in this case that he is chayav, because we look at it that since the first shiur, had he started and continued that way, the first machshavah, he would have been chayav, therefore we don't care that later he changed la'achilah, which ืืืื ืืืืื before was no shiur, but we don't care. If you say that, I have another she'eilah, he says. ืืืฆืื ืืืจืืืจืช ืืืืืื ืืฆืืงื, ืคืื ืงื the opposite: he took out a whole
gerogeret, and he had in mind la'achilah, fine, ืืฆืืงื, then it shrunk, ืื ืืื ืขืืื ืืืจืืขื. After it shrunk he changed his mind and now it's ืืืจืืขื. ืืื, what's the din? ืืืื ืืืื ืื ืฉืชืืง ืืืืฉืื ืงืืืืชื ืื ืืืืืื. Here you can't say the ืกืืจื from before. Had he continued with his original machshavah and not changed, he wouldn't be chayav, because originally his machshavah was achilah, but it had a ืืจืืืจืช, then it shrunk. Had he continued after it shrunk with a machshavah of achilah, he wouldn't have been chayav. Wouldn't have been chayav, because for achilah, had it shrunk to half a ืืจืืืจืช, you wouldn't be chayav. So mimela you're not chayav? Between an ืขืงืืจื and ืื ืื that are both by the both you're chayav. Now ืืคืืขื, they both ืื ืืืืื ืืชืจ ืืฉืชื ืืืืื ื ืืืืืืื. ืืคืืขื, they had a shiur both times. It had a shiur before as a ืืจืืืจืช, but he had achilah in mind. Later when it became smaller, he had a shiur also because he had ืืืจืืขื. But look at it the other way: that had he continued with his original machshavah, he would have been patur, because had he continued with achilah and then it shrunk, I mean, sorry, had he continued with with with ืืจืืขื and then it no, the case was he took out a ืืจืืืจืช. Had he continued ืืืืืื and it shrunk, he would have been patur. His machshavah at the time at the same at the time he's the way he's time he's putting it down? No, it's machshavah before he put it down. Before, this happens before. It's after. It's after, but that's that's If it would be a small shiur, the whole time is, you understand? No, the ืขืงืืจื is Yeah, so okay, the same thing, yeah. You have to have the shiur. Any time somebody walks out with something, they should right away just to change their mind. And if they realize they made a mistake. Change their mind to what? If they thought if they walked out with something that was That's still a shiur. a seed That's still a shiur! This way, the other way, no. If you walk out with a a piece that's small You walk out with a seed, you should right away half of a yeah, vadai. Yeah, ein hachi nami! See, right away should say, \"Oh, I want to eat it.\" Yeah, eat it, true! You'll be patur, ein hachi nami. That's that's the sh'eilah, all these cases are sh'eilot: are you patur or chayav? And if you change your mind if you're patur, then it's a good idea to change your mind, exactly. Is it a true machshavah or is he just trying to get out No, no, he is really want it for zeriah nein, ืืืจืืืจืช ืืืืืื, ืืฆืืงื, ืืขืฆื ืืื ืืืจืืขื. ืืื ืืขืฆื ืื ื ืฉืืขืืจ. ืืืขืจ ืืขืจ ืืืืขืจ ืฉืืขืืจ, ืืืขื ืขืจ ืืืืื ืืืฉืื ืืขืืืขื ืืื ืื ืืืฉืื ืืืืืื, ืืืืื ืขืจ ืืขืืืขื ืคืืืจ. ืืื ืืื ืืืื ืืขืืืืจื ืืื ืืืื ืืขืืืืจื ืืฆื ืฉืืขืืจ. Kei. ืืื ืชืืฆื ืืืืจ, the Gemara continues, if you're going to tell me ืืชืจ ืืฉืชื ืืืืื ื ืืืืืืื, that we go after now, and he's chayav, because at the time of the hotza'ah, it had a ืฉืืขืืจ ืืืืืื, then when it came smaller it had a ืฉืืขืืจ and it was had ืืืจืืขื, so you're chayav. I have another question: ืืืฆืื ืืืจืืืจืช ืืืืืื ืืฆืืงื ืืืืจื ืืชืคืื. He took out a gerogoret, and he had in mind ืืืืืื, and it shrunk in the middle, and it became again a ืฉืืขืืจ, and he never changed his mind. So what's the ืฉืืื, ืืื? ืืฉ ืืืื ืืฆื ืฉืืช ืื ืืื ืืืื ืืฆื ืฉืืช?
Here, he had the whole mind whole time the mind ืืืืืื. In middle, there was a moment He didn't change his mind. It changed. So there was a moment when it lost the ืฉืืขืืจ. So do we say ืืืื? ืืืื means, nu, since it lost the ืฉืืขืืจ, so now you don't have a full ืืืืื with a ืฉืืขืืจ. Or do we say no, in the beginning, by the ืขืงืืจื it had a ืฉืืขืืจ, by the ืื ืื again it had a ืฉืืขืืจ, we don't care in middle if it stopped, but the the ืืืืื is there, so you're chayav. And the Gemara says, teiku. We don't have an answer. Here we know always that the machloket in the ืจืืฉืื ืื ืืืื whenever the Gemara has a a case like this where you have one question and then you continue if you're going to pasken like this I have another if you have another question, and then the Gemara finishes with teiku, so the Rambam ืคืกืงื 'ืก that the teiku only goes on the last case. All the other cases, since the Gemara said ืื ืชืืฆื ืืืืจ, if you'll pasken, that means the Gemara ืคืกืงื 'ืก like that. Other ืจืืฉืื ืื don't pasken. So in this case the Rambam ืคืกืงื 'ืก like all the cases, that you're chayav in all the cases, besides the last one is a safek. Okay. Is it possible for anybody to pasken on that last case? Huh? Is it teiku? Yeah, the Gemara says teiku. You can come up with some sevara so that Actually the Gemara didn't like it. Everybody holds against the Rambam? Everybody, I mean there A lot of ืจืืฉืื ืื. I don't. I I hold with the Rambam. Good. Well, write We'll quit We'll write you down. Write you down please. There's no room for you over there. It's among the ืงืื ืื. Okay. Comes Tosafos and Tosafos asks an interesting kushya. The last question the Gemara had, why the Gemara had the last question on the next, last case? Why wasn't the same question good on the previous case? That's a kashya. The previous case was he took out a ืืืจืืืจืช ืืืืืื, it became smaller, and then he changed his mind ืืืจืืขื. So even if you could tell me you're chayav, but I have another question: ืืืืื! What come, what's that case? Afilu if you'll say you're chayav, why? Because when he took it out it had a ืฉืืขืืจ ืืืืืื. When he put it down, it takeh was small, but he had a ืฉืืขืืจ ืืืจืืขื and his mind was ืืืจืืขื. But that, from that perspective you should be chayav. But the Gemara should continue! But lefoal there was a moment when it was ืืืืื. It was ืฆืืง, it became smaller, before he changed his mind ืืืจืืขื. So that moment there was ืืืืื! So the Gemara should ask, in that case, is there ืืืืื or not? Why did the Gemara say over there for sure you're chayav? ืืืืื is the last case: if he didn't change his mind, it just was ืืืืืื, in middle it became smaller, then became bigger again. Why the Gemara asks that? It's a good kushya, very. A gevaldige kushya, yeah. Deep question. Comes Tosafot and Tosafot answers. Tosafot answers with a fact. It doesn't give the sevara. And the fact is also very, sounds a little pashut, it's pashut, but it's very emet, clear. You could, I mean, everything is emet, but you could see it clearly. Tosafot says there's a difference: ืืืืงื ืืืจ ืฆืืง ืืฉืื ืืื ืืืืื. The last case is where the Gemara feels that it might be ืืืืื, ืฉื ืืื ืืื ืืฉืืขืืจ ืจืืฉืื ืืื ืืฉืืขืืจ ืืืจืื. The ืฉืืขืืจ ืจืืฉืื, the first shiur was ืืืืืื. The end was also ืืืืืื. So in middle when it became smaller for a moment, it was a ืืืืื from beginning and end. ืืื ืืื, by the previous ืฉืืขืืจ, ืืืฉืืขืืจ ืืืจืื ืื ื ืืื. When it became ืฆืืง, when it became smaller, it was a ืืืืื ืืืื the first shiur, and at that time it didn't have the next shiur yet, but sof kol sof later he changed his mind ืืืจืืขื, so ืืืื the ืฉืืขืืจ ืืืจืื ืื ื ืืื. ืื ืืฉืื ืืื ืืืืื, that the Gemara this is not ืืืืื. It covered. It was always, there was always a cover. It wasn't. No, it wasn't. Just at the end there was. At the end there was, after ืฆืืง. But the moment of ืฆืืง, the moment when it shrunk, In the case right before? Before, it didn't have a shiur. Why? Why can't you say at that moment the same time as No, the case is not like that. The Gemara's case was that at first it had a shiur of ืืืจืืืจืช, he had the mind ืืืืืื, then it became smaller, then he changed his mind ืืืจืืขื and he put it down. So there was a moment when there was a no shiur for the moment, for the kavanah of that moment. Says Tosafot, but that shiur fit with the end. In the last case, it doesn't fit the end either. So Tosafot makes a good chiluk. If the question would have been what is the chiluk between this case and this case, we have a very the chiluk is very clear. But it doesn't give a hasbarah. What's the sevara? Why takeh not? Sof kol sof, this is also dichuy! ืืคืืขื ืืืฉ, when he when it shrunk, he haven't changed his mind yet, mimeila what happened was, it was at that time ืืืืืื, and ืืืืืื you need a shiur, and it didn't have a shiur, so that moment it's dichuy! It's not as bad as dichuy as over there, true, but the Gemara could have asked here also. What do you mean it's bad? You mean it's there. Because over there, it's dichuy that never came back, never came back to a shiur. Legabei this legabei this, because when he since he didn't change his machshavah, so the end was ืืืืืื and that, the machshavah of the end doesn't fit to that ืฆืืง, to that small shiur. So that small shiur doesn't fit at all, for that moment when it didn't fit anything. In this case, at least afterwards you changed your mind ืืืจืืขื, so that small shiur fits to that. But ืืคืืขื there was dichuy. So we have to After it ืฆืืง, if he wouldn't have changed his mind to He would have been patur. Patur. For sure! Because now his mind ืืืืืื, and it's less than a shiur. The shiur has to be from beginning to end, there's no question about it. The whole she'eilah of the Gemara is, all these cases it had a shiur at the beginning and the end. The question is, but this legabei this didn't, but ืืคืืขื ืืืฉ it had it at the beginning and end. To the beginning to the end, or And, yeah. There's a good reason why it's teiku, because takeh it doesn't make sense. What doesn't make sense? The the the reasoning. Because if you want to say there's a at any point in time that when the when the shiur shrinks, and there's a time where it's just in middle it's nothing, it's the second the case before the last one, you should say that takeh, how does the Gemara come and say that that that therefore it's still chayav? It's chayav, for sure. No, but why didn't the Gemara ask You're right, I'm saying so. But that's not teiku. Okay, that on that case the Gemara didn't have a teiku. On this one it does. And this one it does. But the question is why didn't the Gemara ask the question before? Tosafot' kushya. And Tosafot answers the difference is because the case before the middle ืฆืืง is not a ืืืืื ืืืื the end. So, but there was a ืืืืื ืืคืืขื. ืืคืืขื it was a moment when there was, it didn't fit to the chiyuv. So maybe ืืืืื isn't isn't the ืืกืื? So we have to, no, the Gemara You have to say it is the central issue as the last You're right. So we have to understand what is the ืืืืื. Okay. That's one question that we have to understand. Then we have another question. Here, ah? You could come, but the Gemara is not talking about those cases, we're talking about the cases the Gemara is talking about. Then the Gemara then has another series of she'elot. Ah? Then when the Gemara right in the beginning says ืืืฆืื, the first case, ืืืจ ืจืื ืืืจ ืจื ื ืืื, the very first case where there wasn't a question, Rava said in the name of ืจื ื ืืื, ืืืฆืื ืืืจืืืจืช ืืืืืื ืื ืืื ืขืืื ืืืจืืขื, he took out ืืืืืื and it was a ืืจืืืจืช, and he changed his mind or changed his mind back, and the reason he said because we would think maybe you need the same machshava from the beginning and end, so Rashi says ืืืจืืืจืช, if you have a ืืจืืืจืช, ืืืื ืฉืืขืืจื ืืืืืื, if you have a ืืจืืืจืช you have a ืฉืืขืืจ ืืืืืื, ืืืืืฆืื, ืืื ืฉืื ืืืจืืขื. You have ืืืืื, ืืืฆืื and certainly ืืืจืืขื because the shiur of ืื ืฉืืื, by ืืจืืขื ืื ืฉืืื. Now
what in the world does Rashi mean ืืืืืื? Who is talking about eating here? Who's talking about eating? We're talking about carrying out to eat. So what does Rashi, I'm reading the Rashi again: ืืืื ืฉืืขืืจื ืืืืืื ืืืืืฆืื ืืื ืฉืื ืืืจืืขื. What? Either he should have said ืืืฆืื, or left out the ืืืฆืื, and ืืืืืื would have meant carrying ืืืืืื, or he should have said there is a ืฉืืขืืจ ืืืืฆืื ืืืืืื and ืืืฆืื ืืืจืืขื. What's ืคืฉื ืฉืืขืืจื ืืืืืื ืืืืืฆืื? Well ืืืฆืื is a separate thing, it's a ืฉืืขืืจ ืืืืืื? We're not talking about eating it. It's a ืฉืืขืืจ, ืืจืืืจืช has a shiur, right, if you carry it out ืืืืืื, certainly if you carry it out ืืืจืืขื which is a smaller shiur. So Rashi should have said ืืืื ืฉืืขืืจื ืืืืฆืื ืืืืืื, ืืื ืฉืื ืืืจืืขื. Rashi says ืืืื ืฉืืขืืจื ืืืืืื ืืืืืฆืื. Comes the Shabbat Shel Mi Who? The Shabbat Shel Mi, a ืกืคืจ called Shabbat Shel Mi, and he says that Rashi takeh means ืืืืื, that a ืืจืืืจืช has a ืฉืืขืืจ ืืืืืื. Whenever there are things which you're not allowed to eat, the shiur is a ืืืืช. A ืืจืืืจืช is more than a ืืืืช, so he says a shiur a ืืจืืืจืช has a lot has the shiur for everything, has a ืฉืืขืืจ ืืืืืื and for ืืืฆืื, normal ืืืฆืื, and ืืืจืืขื, because otherwise he says Rashi should have said ืืืืฆืื ืืืืืื. The problem with this peshat is, why in the world is it important here to mention that ืืจืืืจืช certainly has a ืฉืืขืืจ ืืืืืื? That if you're going to eat ืืืืจ, you'll be ืืืื for a ืืจืืืจืช because it's certainly ืืืื because it has a ืืืืช. Why nafka mina here ืืืืื? Why does that have to bring in ืืืืื? Normally you have to learn that it means ืืืฆืื ืืืืืื, but why doesn't Rashi say it? Or, but something Rashi wants to tell us, the word ืืืืืื, to teach us that it's ื ืืืข here to know the ืฉืืขืืจ of ืืืืื. Then there's another thing here. The Rashba asks a ืฉืืื: when the Gemara brings the first case, ืืืจ ืจืื ืืืจ ืจื ื ืืื, he took out a ืืจืืืจืช ืืืืืื, and you change your mind ืืืจืืขื, farkert, you're ืืืื. So what? Peshita. Why why not? ืืื ืืืื ืฉืืขืืจื ืืืื ืืืื ืฉืืขืืจื. And we answer what we would have thought. He says, what's the Gemara's kashya? This is the the ืกืืจ ืืืืจื all over, that when the Gemara plans to ask questions, first the Gemara starts off with a fact. A lot of times the Gemara says, peshita, this is for sure, this this is this is for sure ืืืื, but now I have a question, what about another case? The same thing would be here. So what's the Gemara's kashya? Adraba, he's telling us a poshute zach: you take out a ืืจืืืจืช ืืืืืื, and you change your mind ืืืจืืขื, or ืืืจืืขื ืืืืืื is pashut. You have the Gemara's simple ืคืฉื. But it's a ืืงืืื to the question that Rava is going to ask. And he answers, the poshute din Rava said in the name of Rav Nachman. The questions later, Rava asked himself. So if Rava would have done it himself, it would be pashut. Rava says like this: \"This in this case is clear, I have a ืฉืืื.\" Here, Rav Nachman said it, and Rav Nachman didn't ask any questions. Rava asked questions, and Rava this didn't say Rav Nachman, so that's why the Gemara asked peshita. So we understand why the Gemara asked peshita. But still, it does seem from the Gemara that in this case, this is like a ืืงืืื, even though the Gemara asked the kashya peshita, but this is a ืืงืืื to the next. And the question is, it's not a it's not a kashya, why would we need this ืืงืืื to follow up in the next questions? I mean if this is a poshute zach, so I'm not asking a kashya, I'm just saying what I'm going to try to explain is that the ืืงืืื is a yesod in the ืขื ืื here, and based on that, there are details that the Gemara is going to continue asking in these ืฉืืืืช. Then there's another thing here. And also, I'm not going to ask a ืฉืืื, I'm just going to bring what the Rashba says, this is like a like a beginning, a ืืงืืื to the teretz. The the the the Ramban, the Rashba brings the
Ramban, and he asks a question here. The Ramban asks a question: there is a Gemara in Menachot, ืืฃ ื ืดื, where the Gemara says like this. It's talking about korbanot, by, by maaser, and there's a shiur when you're chayav. And then the Gemara talks there a case where there was first no shiur, and then it got into a shiur. So the Gemara says there like this: if it was no shiur before, ืื ืืื ืืื, ืืขืืงืจื ืื ืืื ืืื, first it didn't have a ืฉืืขืืจ, ืืืฉืชื ืืืช ืืื, and now it has a shiur, it only is considered a shiur mid'rabbanan. Mid'oraita it's not considered a shiur. If it didn't have a shiur from beginning to end, it's not a shiur. So he says, what's the Gemara ืฉืืื here? Gemara ืฉืืื here is a case where it didn't have before. If it didn't have before, ืืืฉื the case where he took it out ืืฆื ืืจืืืจืช, the first case, ืืฆื ืืจืืืจืช ืืืจืืขื, and it became bigger, and now you change your mind ืืืืืื, so it for sure shouldn't be good, sure you should be chayav, shouldn't be considered a shiur. It should not, because at the end was ืืืืื, so ืืืื the end, the beginning is not considered. The beginning didn't have a shiur. And ืืืื the end, everything at the end that has a shiur has to have a shiur in the beginning, and, huh? ืืืจืืขื, but not ืืืื ืืืืื. And since, yeah, but ืืืื the ืกืืฃ, that's his ืงืฉืื, ืืืื the ืกืืฃ which was ืืืืื, and ืืืื ืืืืื there was no shiur, and the Gemara says there, that's not called a shiur. And the Ramban answers a ืืืืืฉ
ืชืืจืืฅ, he says that the Gemara here is talking in a case where originally it had a shiur, the ืืฆื ืืจืืืจืช means it became a ืืฆื ืืจืืืจืช. Originally it had a shiur. Then it became a ืืฆื ืืจืืืจืช, and then he took it out ืืืจืืขื, and then it went back to a ืืจืืืจืช, and now he had ืืืืืื. So here the Gemara says maybe it's okay, because it had a shiur in the beginning. Didn't change his mind, no. It had a shiur, he had a ืฉืืขืืจ ืืจืืืจืช, matter of fact. Then it became smaller. Then he took it to take out when it's smaller, ืืืจืืขื. Then he changes his mind, in middle ืืืืืื, and it became bigger and he changed mind ืืืืืื. So he says here, that Gemara in Menachot doesn't have a connection, because there it says lechatchilah it didn't have, and then it had, but here lechatchilah it had. What was his machshavah in the first? Was it ืืจืืืจืช? No, there was no machshavah. There's no machshavah, it was laying on the table. It wasn't taken anywhere. So, there's all this all this talk about when the machshavah is after the change or before the change? In this case, the machshavah was after the change. So, but it would make a difference if machshavah, sure, it's, huh? Yeah. It's raining, and it got wet, and it got bigger. I don't know. Half, chatzi doesn't mean half, chatzi could mean 99%. The
Rashba comes and says, there's no kashya to begin with. Why? Because over there, where there's a ืืื of a shiur, so if it didn't have a shiur in the beginning, so the fact that it had a shiur at the end doesn't count. Here there is no ืืื of a shiur. The whole shiur is a ืืื of ืืฉืืืืช. So when you took it out in the beginning ืืืจืืขื, by Shabbos, here by Shabbos, when you took it out a ืืฆื ืืจืืืจืช ืืืจืืขื, it had a shiur even ืืืื the end, because as far as ืืฉืืืืช is concerned, it had a ืืฉืืืืช before. Mimaila over there it worked as a shiur, that's what he answers. We're going to follow along that sevara and we're going to see to explain the other ืขื ืื ืื also. Let's go to explain the sugya. The main thing, what is the guide here? We have one she'eilah, and another she'eilah, and another she'eilah. I'm going to say like this: ืืืื, we have a chakirah in many things. When you have one thing is less than the other, there are different levels, the smaller and the bigger. So we have a she'eilah: is the smaller and the bigger the same category, one is just more than the other, that means that the more is only you have the smaller one with an addition of more, or they're considered two separate categories at all, completely? Lemashal, you find ืืืื ืืชืืื. An ืืืื ื's ืืชืืื is a hundred. A ืืชืืื of a ืืชืืื is two hundred. What's the peshat? Is the ืืชืืื of ืืืื ื, of of a ืืชืืื the hundred of the ืืืื ื plus another hundred? Or the peshat is not like that, there's two different categories, this is a hundred and this is another hundred. In other words, does it fall into the category of ืืฉ ืืืื ืืืชืื ืื ื? You have ืืืชืื, if you have two hundred it includes a hundred, so when you have a hundred and you have two hundred, this is the pshat that the hundred is the same in both, this is an additional hundred, or we say in this din it's different things. One of the differences will be, it says ืื ืกื ืืืืงืช ืืชืืื ืื ืืฆืืช ืืขืืื, if he married a woman thinking she's a ืืชืืื, and turned out she was not a ืืชืืื, so he thought that the ืืชืืื is going to be two hundred, but really it turned out a hundred. So there's a sheilah in Gemara whether it's a ืืงื ืืขืืช. Pashut, it's called it, you you you marry something else, you thought it was something else. So, a lot of ืคืฉืืื, ืขื ืื ืื there, but one of the things is ื ืืืข to the ืืชืืื, and it says it's ืชืืื in this sheilah: if a ืืชืืื of ืืืื ื, of of a ืืชืืื is 100 plus 100, so really it's the same category. So, when he married her thinking she's a ืืชืืื, turned out to be an ืืืื ื, it's not a ืืงื ืืขืืช, because it's like in the same category, just a little bit more. If you hold that it's two separate categories, then it's two separate categories. Take another example. Well, I didn't get that, I'm talking about a ืืชืืื. We'll get back to that. But wait a minute. Here's another example we find something like that. Usually, all all the ืขื ืื ื ืืืืื, it turns, all the ืขื ืื ื ืืืืื the shiur is kezayit. All
issurim, anything that you're not allowed to eat the shiur is a kezayit. With one exception: Yom Kippur. Yom Kippur the shiur is a ืืืืชืืช. ืืืืชืืช is almost two ืืืืชืื. Now, is the pshat that the shiur of Yom Kippur a ืืืืชืืช is a kezayit, it's be'emet the same ืืืจ of a kezayit, but plus, or it's two separate ืืืจืื? On Yom Kippur a kezayit is not part that's not part of the shiur. Just like a ืืฆื ืืืืช is not part of the shiur, kezayit is also not. But the other way is, no, kezayit is the shiur, this is you need a little bit more to it. What would be the nafka mina? You find in Yerushalmi an interesting thing. We know usually there's a ืืืืืงืช of Rabbi Yochanan and Reish Lakish whether a ืืฆื ืฉืืขืืจ is ืืกืืจ ืื ืืชืืจื or not. If you eat something, for instance, which needs a shiur to be ืืืื, and you ate a half a shiur, is it ืืกืืจ ืืืืืจืืืชื or not? Miderabbanan certainly ืืกืืจ. Rabbi Yochanan says ืืฆื ืฉืืขืืจ ืืกืืจ ืื ืืชืืจื, you can't eat. So, what's the idea of a shiur? ืืืื punishment. You don't get punished ืืฆื ืฉืืขืืจ. Reish Lakish says, no, ืืฆื ืฉืืขืืจ ืืืชืจ ืื ืืชืืจื, it's allowed. Then it says in Yerushalmi that on Yom Kippur, Reish Lakish is ืืืื that a kezayit, which is a ืืฆื ืฉืืขืืจ on Yom Kippur, is ืืกืืจ ืื ืืชืืจื. Seems like the Bavli doesn't agree with it, it's not clear. What's the What is the ืืืืืงืช here? If you hold a kezayit is half of a ืืืืชืืช, ืืืืื it has a ืืืจ of a Since a kezayit is a shiur always, so Reish Lakish says, every ืืฆื ืฉืืขืืจ is nothing, but a ืืฆื ืฉืืขืืจ of a kezayit on Yom Kippur, because the whole ืืืืชืืช is the kezayit plus, so a kezayit is something. But if you hold that a ืืืืชืืช is a different category altogether, so ืืืื the shiur of ืืืืชืืช on Yom Kippur, a kezayit or half a kezayit, it's all the same thing, because it's not related, it's a different category. So, obviously the Yerushalmi holds that a ืืืืชืืช is a kezayit plus. Give another example. We know that in
order to make someone pay money, you have to have two ืขืืื. ืขื ืคื ืฉื ืื ืขืืื ืืงืื ืืืจ. And an ืขื ืืื is not ืืืืื, can't make you pay. And an ืขื ืืื is ืืืืื ืฉืืืขื, only shevuah. What is the pshat? Is two ืขืืื an ืขื plus another ืขื, or is two ืขืืื a new category of of ืขืืื? It's not like an ืขื ืืื is half of two ืขืืื. One of the differences would be ืืืื the ืืื of ืฉืืืขื. We know an ืขื ืืื makes you swear. There's a famous There's a ืืื, what happens if a person is ืืืืืื ืฉืืืขื ืืืื ื ืืืื ืืืฉืืข? A person is ืืืืืื to swear, but the fact is he can't swear. The situation is he can't swear. What's that? ืืืฉื, the Gemara brings ื ืกืื ืืจืื ืืื. The case was that somebody grabbed a piece of silver out of the hand of somebody else. Let's say Reuven grabbed a piece of silver out of the hand of Shimon, and there was one ืขืืืช. The guy called him to beit din, he says, you grabbed my piece of silver. So, he says, you're right, that's true I grabbed, but that's mine, ืืื ืืืคื, ืืืื ืืืคื. And there was one ืขืืืช here that came he says he doesn't know whose it is, but he saw him grab. Comes the Gemara there and calls it we don't know what to do in this thing, this is a very strange case. Why? What should we make him do? Make him pay we can't, because you have to have two ืขืืื to make. Had two ืขืืื seen him do it, he'd have to pay. Sure. Why does he pay? He'd have to pay back, he'd have to give it back. Why? Because he says it's his. How do you know it's not? Because chazakah, he's the ืืืืืง, that guy is the ืืืืืง, he held it, and two ืขืืื say that he grabbed it. You can't go grab someone else's thing and claim it's yours. Give it back, you want to show it's yours, go and bring a ืจืืื, bring ืขืืื it's yours, but you have to give it back. In this case, you can't make him give it back, because there are no two edim, only one eid. So, what should we do? What does one eid usually do? Makes you swear. Le-mashal, if you come and say, I owe you you owe me $100, you say no, and I have an eid, you have to swear that you don't. So, let the eid make him swear. You can't make him swear here, because what's he going to swear? He's going to swear that he took it, that that it's his? Yes. There is no eid against that. When you swear, you have to be ืืืืืฉ ืืช ืืขื. You have to swear that what the eid says, you have to say that the eid is it's not true. In this case, all the eid said that you grabbed it, that I know. So to make him swear, you can't, because swearing has to be against the eid, and the eid doesn't say it. So what do you do here? So the
Gemara didn't know what to do, till Rav Abba came and he said, \"This is a case of ืืืืืื ืฉืืืขื ืืืื ื ืืืื ืืืฉืืข. You have to swear