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SHABBOS (IYUN)

Shabbos 2b โ€” Iyun

Is Carrying In As Bad As Carrying Out?

Part of Shabbos (Iyun) · 45:11

A detailed survey of whether hachnasah (bringing an object into a reshus) is its own av melacha or merely a toldah of hotzaah, moving through Tosafos, the Ramban, Rashi, the Rambam, and the Rashba's distinction between the oni's and baal habayis's hachnasah. Rav Nachum Zemba's sevara ties the whole machloket to exactly when an object leaves reshus harabim.

Audio Transcript
Is Hachnasah a Toldah of Hotzaah, or Its Own Av?

Okay, here in the Gemara on ื“ืฃ ื‘ ืขืžื•ื“ ื‘ it seems from the Gemara that we're talking about ื”ื›ื ืกื” and ื”ื•ืฆืื”, it seems from the Gemara that ื”ื›ื ืกื” is a ืชื•ืœื“ื”. Getting straight to the point, the Gemara says here these words: the Gemara's kashya was why by us it says ืฉืชื™ื ืฉื”ืŸ ืืจื‘ืข it ื™ืฆื™ืื•ืช ื”ืฉื‘ืช ืฉืชื™ื ืฉื”ืŸ ืืจื‘ืข ื‘ืคื ื™ื, ืฉืชื™ื ืฉื”ืŸ ืืจื‘ืข ื‘ื—ื•ืฅ, in ืžืกื›ืช Shavuos it says just ื™ืฆื™ืื•ืช ื”ืฉื‘ืช ืฉืชื™ื ืฉื”ืŸ ืืจื‘ืข, and the Gemara answers: ื”ื›ื ื“ืขื™ืงืจ ืฉื‘ืช ืชื ื™ ืื‘ื•ืช ื•ืชื ื™ ืชื•ืœื“ื•ืช. Here it's the ืขื™ืงืจ ืฉื‘ืช, so it mentions the ืชื•ืœื“ื•ืช also. ื”ืชื ื“ืœืื• ืขื™ืงืจ ืฉื‘ืช, there in Shavuos where it's not the ืขื™ืงืจ place of ืฉื‘ืช, ืื‘ื•ืช ืชื ื™, ืชื•ืœื“ื•ืช ืœื ืชื ื™. It doesn't talk about the ืชื•ืœื“ื•ืช. And the Gemara says: ืื‘ื•ืช ืžืื™ ื ื™ื ื”ื•? What are the ืื‘ื•ืช? ื™ืฆื™ืื•ืช. ื™ืฆื™ืื•ืช means ื”ื•ืฆืื”. ื™ืฆื™ืื•ืช is only two. If you're only talking about the ืื‘ื•ืช, you're only talking about two, and you can't be talking about two meaning the two only of ื”ื•ืฆืื”, which is ืขื ื™ and ืขืฉื™ืจ, and the other two is the patur, because it's not over there, they're not talking about patur. Therefore, Rav Pappa had a new pshat: since here is ืขื™ืงืจ ืฉื‘ืช he's talking about chiyuv and patur, and over there, ื“ืœืื• ืขื™ืงืจ ืฉื‘ืช, ื—ื™ื•ื‘ ืชื ื™ ืคื˜ื•ืจ ืœื ืชื ื™. And the Gemara asks: what's the chiyuv? Is ื™ืฆื™ืื•ืช? ืื™ it's only two? So we say, ื™ืฆื™ืื•ืช ื“ื”ื•ืฆืื” ื™ืฆื™ืื” and ื”ื›ื ืกื”. ืื™ ื”ื›ื ืกื” is not ื™ืฆื™ืื”? The ืชื ื calls it ื™ืฆื™ืื”. This is the Gemara. So from the simple ืœืฉื•ืŸ of the Gemara it seems thatโ€”the Gemara says it clear, not only seems, the Gemara says it clear that ื™ืฆื™ืื” is the ืื‘, ื”ื•ืฆืื” is the ืื‘, and ื”ื›ื ืกื” is a ืชื•ืœื“ื”. The Gemara says hereโ€”I'll use the words again: the Gemara says ืื‘ื•ืช ืžืื™ ื ื™ื ื”ื•? ื™ืฆื™ืื•ืช. So the ื™ืฆื™ืื•ืช is the ืื‘, and ื”ื›ื ืกื” is a ืชื•ืœื“ื”. So if you learn this Gemara, it comes out: the ืื‘ is ื”ื•ืฆืื”, and ื”ื›ื ืกื” is a ืชื•ืœื“ื”, like we find in many ืžืœืื›ื•ืช, there is an ืื‘ and there is a ืชื•ืœื“ื”. It's ืžืฉืžืข like that from Tosafos also. Tosafos ื“ื™ื‘ื•ืจ ื”ืžืชื—ื™ืœ ืžื•ืฆื™ื, Tosafos says, ื•ืื ืชืืžืจ, just the Gemara explains that in the ืœืดื˜ ืžืœืื›ื•ืช where it says ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช, so the Gemara says it also means ื”ื›ื ืกื”, that's what the Gemara says: ืžื›ื“ื™ ืชื ืŸ ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช, ืžื™ ืœื ืขืกืงื™ื ืŸ ื“ืงื ืžืขื™ื™ืœ ืžืจืฉื•ืช ื”ืจื‘ื™ื ืœืจืฉื•ืช ื”ื™ื—ื™ื“? Doesn't it also mean ื”ื›ื ืกื”? It says ื”ืžื•ืฆื™ื and it means ื”ื›ื ืกื”, is a ืจืื™ื” that ื”ื›ื ืกโ€”that the word ื™ืฆื™ืื” could refer to ื”ื›ื ืกื” also. But the Gemara says that ื”ืžื•ืฆื™ื includes ื”ื›ื ืกื”, bringing in. ืคืจืขื’ื˜ Tosafos: ืžืื™ ืฉื ื ื“ืชื ื™ ืชื•ืœื“ื” ื“ื”ื•ืฆืื” ื•ืœื ืชื ื™ ืฉื•ื ืชื•ืœื“ื” ื“ื›ืœ ืฉืืจ ืื‘ื•ืช? If we're saying that the word ื”ืžื•ืฆื™ื also includes ื”ื›ื ืกื”, so Tosafos asks: the Mishnah gives a list of all the ืื‘ื•ืช, doesn't mention the ืชื•ืœื“ื•ืช, and by ื”ืžื•ืฆื™ื we haveโ€”we say it includes theโ€”ื”ื›ื ืกื” also, so it includes the ืชื•ืœื“ื”! So Tosafos makes it very clear that ื”ื›ื ืกื” is a ืชื•ืœื“ื”.

The Ramban's Reading: A Machloket Amoraim Over Hachnasah

Now, ืœื›ืื•ืจื”, from the Gemara itself here ื‘ืืžืช is no ืจืื™ื” that ื”ื›ื ืกื” is a ืชื•ืœื“ื”, even though the Gemara made it very clear. Because it's possible to say, and this is actually what the Ramban says, that when the Gemara says ื”ื›ื ืกื” is a ืชื•ืœื“ื”, that's only in the first ืชื™ืจืฅ the Gemara gave. We all learned the Gemara, so we all know that there were two ืชื™ืจื•ืฆื™ื in the Gemara: the first ืชื™ืจืฅ was and then Rav Pappa's ืชื™ืจืฅ. When did the Gemara use the ืœืฉื•ืŸ that ื”ื›ื ืกื” is a ืชื•ืœื“ื”? In the first ืชื™ืจืฅ, where the Gemara said overโ€”here they're talking ืื‘ื•ืช and ืชื•ืœื“ื•ืช, and over there it's only talking about ืื‘ื•ืช. And the Gemara said: here it's onlyโ€”there it's only ืื‘ื•ืช, only ื”ื•ืฆืื”. Here, since it's ืขื™ืงืจ ืฉื‘ืช, it talks about the ืชื•ืœื“ื” also, which is ื”ื›ื ืกื”. So in that teretz we said clearly that ื”ื›ื ืกื” is a ืชื•ืœื“ื”. But then when the Gemara shlogt af that teretz, and the Gemara came to a second teretz, that Rav Papa gave a different teretz why here it's different than there, and what was Rav Papa's teretz? Here he's talking about ื—ื™ื•ื‘ื™ื and ืคื˜ื•ืจื™ื, there it's only talking about ื—ื™ื•ื‘ื™ื. And therefore, there he also talks about ื”ื›ื ืกื”. Maybe according to Rav Papa, ื”ื›ื ืกื” is takeh a ืื‘. Adraba, since according to Rav Papa, over there he's talking about only ื—ื™ื•ื‘ื™ื, and he's talking about ื”ื•ืฆืื” and ื”ื›ื ืกื”, and the Gemara says that even though it uses the word ื™ืฆื™ืื•ืช, but it means ื”ื›ื ืกื” also, so the Ramban says, according to Rav Papa, who says ื”ื›ื ืกื” is a ืชื•ืœื“ื”? ื”ื›ื ืกื” is an ืื‘. And that's why over there he talks about both. According to Rav Papa, the second teretz, not the first teretz that says over there is not talking, he's talking about ืื‘ื•ืช, not ืชื•ืœื“ื•ืช, and now we're changing, we're saying over there he's talking about ื”ื•ืฆืื” and ื”ื›ื ืกื”, so according to Rav Papa ื”ื›ื ืกื” is an ืื‘ also. So when we say there is an ืื‘ of ื”ื•ืฆืื”, it includes ื”ื•ืฆืื” and ื”ื›ื ืกื” as part of the ืื‘. And that's how the Ramban learns. While from Tosafos we see that Tosafos learns even according to Rav Papa it's still a ืชื•ืœื“ื”, because Tosafos asks in Rav Papa's ืชื™ืจื•ืฅ, when the Gemara said that ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช in Rav Papa's ืชื™ืจื•ืฅ includes ื”ื›ื ืกื”, ืคืจืขื’ื˜ Tosafos, why over there does he say ื”ื›ื ืกื” as part, why does he mention the ืชื•ืœื“ื” of ื”ื•ืฆืื”, which is ื”ื›ื ืกื”, different than all the other ืื‘ื•ืช? Is a ืกื™ืžืŸ that Tosafos learns that even in the ืชื™ืจื•ืฅ of Rav Papa ื”ื›ื ืกื” is an ืื‘. While the Ramban says that according to Rav Papa ื”ื›ื ืกื”, ื”ื›ื ืกื” a ืชื•ืœื“ื”, I mean, according to Rav Papa ื”ื›ื ืกื” is an ืื‘. The only thing is, the Gemara later on ื“ืฃ ืฆืดื– says very clearly that ื”ื›ื ืกื” is a ืชื•ืœื“ื”. The Gemara, the words of the Gemara is on ื“ืฃ ืฆืดื–, the Gemara says clearly: here, ื”ื•ืฆืื” ืื‘, ื”ื›ื ืกื” ืชื•ืœื“ื”. So what's there to talk about? Why are we discussing ื‘ื›ืœืœ? So the Ramban says it's no ืจืื™ื”, it's a machloket. The Gemara, the first ืชื™ืจื•ืฅ in our Gemara holds ื”ื›ื ืกื” is a ืชื•ืœื“ื”, the Gemara on ื“ืฃ ืฆืดื– holds hachnasah is a toladah, and Rav Papa holds hachnasah is an av. What's the problem? So according to the Ramban there is a machloket. According to the Ramban, according to Rav Papa hachnasah is not a toladah, hachnasah is an av. According to Tosafot, even according to Rav Papa, hachnasah is a toladah. And the re'ayah is that within Rav Papa's words, Tosafot asks: why does the Mishnah ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช include also the toladah? Now, how do we know it takeh includes hachnasah also? Tosafot asks this she'eilah before, in the beginning of Tosafot. When the, the Gemara says when it says ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช, it also includes hachnasah. Does, ืžื™ ืœื ืขืกืงื™ื ืŸ, doesn't it also mean taking in? Zogt Tosafot, the Gemara in Shavuot asks, how do you know? Maybe ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช means only taking out? So he says the Gemara answers, it would have said ื”ืžื•ืฆื™ื ืœืจืฉื•ืช ื”ืจื‘ื™ื. When it says ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช, it means either reshut. Then Tosafot asks, so why takeh does the Mishnah write a lashon which includes the toladah when other avot it doesn't do it? So we see that Tosafot is going here that even according to this teirutz, hachnasah is a toladah.

Rashi and the Rambam: Hachnasah as a Full-Fledged Av Melacha

Rashi is mashma like the Ramban. From Rashi is ืžืฉืžืข ื”ื›ื ืกื” is an av. Where do you see it from Rashi? Because when the Gemara says that when it says ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช, ืžื™ ืœื ืขืกืงื™ื ืŸ, are we not also talking that he's bringing in? So Rashi, how do we know that's what he's talking about? So, Tosafot, I just said, gave the ra'ayah, how do we know that ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช also includes ื”ื›ื ืกื”, because it should have said ื”ืžื•ืฆื™ื ืœืจืฉื•ืช ื”ืจื‘ื™ื. Rashi says a different thing: ื“ืขืœ ื›ืจื—ืš ืื”ื›ื ืกื” ื ืžื™ ื—ื™ื™ื‘. When it says ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช, it must mean ื”ื›ื ืกื”. Why? Because ื”ื›ื ืกื” is chayav, as you see from our Mishnah, ื”ื›ื ืกื” is chayav. Now, if ื”ื›ื ืกื” is a toldah, what's the ra'ayah from the fact that ื”ื›ื ืกื” is chayav? ื”ื›ื ืกื” is chayav, every toldah you're chayav. So how do you know the words ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช means ื”ื›ื ืกื”? Maybe ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช means only ื”ื•ืฆืื”? ื”ื›ื ืกื” you're chayav, that's a toldah, but that's not what the Mishnah is mentioning. Just like all the other avot, the Mishnah mentions the avot, not the toldot. So maybe ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช only means ื”ื•ืฆืื”, doesn't mean ื”ื›ื ืกื”? The Gemara is trying to prove that ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช means ื”ื›ื ืกื” also. What's the ืจืื™ื”, Rashi says? Because ื”ื›ื ืกื” is chayav. Big deal, is that a rayah it's included in the words ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช? ื”ื›ื ืกื” is ื˜ืืงืข ื—ื™ื™ื‘, but it could be a ืชื•ืœื“ื”, because every ืชื•ืœื“ื” you're chayav, and a ืชื•ืœื“ื” is not included in the Mishnah, no ืชื•ืœื“ื•ืช are included in the Mishnah. So the ืชื•ืœื“ื” of ื”ื›ื ืกื” could be chayav, and ื”ืžื•ืฆื™ื does not mean that. ื”ืžื•ืฆื™ื means ื”ื•ืฆืื”, and it doesn't mean ื”ื›ื ืกื”, and you're still chayav. So what's the rayah Rashi says that when the Gemara says ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช must mean ื”ื›ื ืกื” because you're chayav for ื”ื›ื ืกื”? So, see Tosafot has a different rayah. Tosafot says the rayah is because the ืœืฉื•ืŸ of the Mishnah is ืžืฉืžืข. It doesn't say ื”ืžื•ืฆื™ื ืœืจืฉื•ืช ื”ืจื‘ื™ื, it says ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช. Rashi doesn't give that rayah. Rashi says, since you're chayav for ื”ื›ื ืกื”, so ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช must mean ื”ื›ื ืกื”. Doesn't make sense. Because you're chayav for it, that must mean that ื”ืžื•ืฆื™ื means that? ื”ืžื•ืฆื™ื is the av, and the av is hotza'ah. Hachnasah is not included in hamotzi, it's a toldah, and it's takeh not, and he's still chayav. A siman that Rashi learns that if you're chayav for hachnasah, it must be an av. So, when the av is ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช, so maybe you wouldn't be chayav for hachnasah. But if you know we're chayav for hachnasah, hachnasah is not a toldah, hachnasah is an av. And hamotzi is the av. So, the fact that you're chayav for hachnasah is a re'ayah that the word hamotzi means hachnasah also. Because hamotzi is the av, and hachnasah is also an av. And mimeila, if hachnasah is an av, the word hamotzi means hachnasah, too. So, what's Rashi's re'ayah again? Because I'm looking around, I don't see if the guys are getting what I'm saying. The re'ayah Rashi says The Gemara brings a re'ayah. The Gemara says that the word ื™ืฆื™ืื•ืช, ืžื•ืฆื™ื also includes taking in. And the re'ayah the Gemara brings that hamotzi includes, because the Mishnah mentions the list of the ืœืดื˜ ืžืœืื›ื•ืช. And one of the things, the last one, is ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช. And the word's ื”ืžื•ืฆื™ื, doesn't ื”ืžื•ืฆื™ื also mean ื”ื›ื ืกื”? That's what the Gemara says. And we call it ื”ืžื•ืฆื™ื. A ืกื™ืžืŸ ื”ื›ื ืกื” could be called ืžื•ืฆื™ื. Now, the question: How do we know that when it says ื”ืžื•ืฆื™ื, it means ื”ื›ื ืกื”? How do you know that? So, Tosafos brings the Gemara in Shavuos, because the ืœืฉื•ืŸ is ืžืฉืžืข like that. Fine. Rashi doesn't say that. Rashi says, you know how you know ื”ืžื•ืฆื™ื means ื”ื›ื ืกื” also? Because you're ื—ื™ื™ื‘ for ื”ื›ื ืกื”. If you're ื—ื™ื™ื‘ for ื”ื›ื ืกื”, what's the ืจืื™ื” that that means it's an ืื‘? What means that it's included in ื”ืžื•ืฆื™ื? ื”ืžื•ืฆื™ื is an ืื‘. Does that What's the ืจืื™ื” it means ืžื›ื ื™ืก also? The fact that you're ื—ื™ื™ื‘ is a ืจืื™ื” that it means it's included in the word ื”ืžื•ืฆื™ื? ื”ืžื•ืฆื™ื is the ืื‘, that's ื”ื•ืฆืื”, and only ื”ื•ืฆืื”. ื”ื›ื ืกื”, you're ื—ื™ื™ื‘ ืืœืก what? Als a ืชื•ืœื“ื”. So, how do you know We're trying to bring a ืจืื™ื” the word ื”ืžื•ืฆื™ื means ื”ืžื›ื ื™ืก also. Is a ืจืื™ื” from Rashi, Rashi learns that Rav Pappa, this is peshat in Rav Pappa, that Rav Pappa learns that if you're chayav for ื”ื›ื ืกื”, it must be an av. And if ื”ื›ื ืกื” is an av, what's the name of the av? The name of the av is ื”ืžื•ืฆื™ื. And ื”ื›ื ืกื” is part of that av. Is a re'ayah ื”ื›ื ืกื” is included in ื”ืžื•ืฆื™ื. ื”ืžื•ืฆื™ื could mean ื”ื›ื ืกื”. But if ื”ื›ื ืกื” would be a toldah, then we have no re'ayah. What's the ืจืื™ื” ื”ืžื•ืฆื™ื ืžืจืฉื•ืช ืœืจืฉื•ืช, ืžืื™ ืœืื• ืขืกืงื™ื ืŸ that he's ืžื›ื ื™ืก? Why? Because you're chayav? You could be chayav ืืœืก a toldah. It seems from Rashi that Rashi learns that it is an av. What's Rashi going to do with the Gemara later on where it says ื”ื›ื ืกื” is a toldah? So, he'll say like the Ramban, that later on the Gemara says ื”ื›ื ืกื” is a toldah. The Gemara earlier also ื”ื›ื ืกื” is a toldah. But Rav Pappa, he holds ื”ื›ื ืกื” is not a toldah, he holds ื”ื›ื ืกื” is an av. That's how Rashi learns. So, here we have, basically, so far, two shittot what ื”ื›ื ืกื” is. You have Tosafot, that ื”ื›ื ืกื” is a toledah no matter what. Everyone agrees ื”ื›ื ืกื” is a toledah like it says in the Gemara later, like here, and even according to Rav Pappa, everyone agrees ื”ื›ื ืกื” is a toledah. Then you have the shittah of the Ramban, that it's a machloket. Machloket of the amoraim. The Gemara later on holds ื”ื›ื ืกื” is a toledah, Rav Pappa holds ื”ื›ื ืกื” is an av. Then we have a third shittah, the shittah of the Rashba. The Rashba makes a chiluk which ื”ื›ื ืกื”. There's ื”ื›ื ืกื” ื“ืขื ื™, ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช. And he makes a difference. And he says based on Tosafot ื“ืฃ ื‘ืณ, not that he says Tosafot holds like this, but based on what Tosafot says ื“ืฃ ื‘ืณ, will come out that ื”ื›ื ืกื” ื“ืขื ื™ is an ืื‘, ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช is a toledah. That means if the ื”ื›ื ืกื” is done by standing outside and bringing in, that's an av, and if the ื”ื›ื ืกื” is done by standing inside and bringing in, that's a toledah. And he says, what's based on Tosafot? Tosafot says that ื”ื›ื ืกื” ื“ืขื ื™ was in the Mishkan. ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช was not in the Mishkan. Oh, so he says if ื”ื›ื ืกื” ื“ืขื ื™ was in the Mishkan, that's a that's an av. ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช was not in the Mishkan, that's a toledah. Now, obviously, he doesn't mean that this is what Tosafos holds. Because Tosafos makes it very clear on ื“ืฃ ื‘ืณ, and everyone should know that, that even the ืชื•ืœื“ื” The ืชื•ืœื“ื•ืช of ื”ื•ืฆืื” were in the ืžืฉื›ืŸ. The fact that it was in the ืžืฉื›ืŸ doesn't make it into an ืื‘, Tosafos says. Tosafos says ืชื•ืœื“ื•ืช ื“ื”ื•ืฆืื”, because ื”ื•ืฆืื” is a ืžืœืื›ื” ื’ืจื•ืขื”, the ืชื•ืœื“ื•ืช of ื”ื•ืฆืื” have to be in the ืžืฉื›ืŸ. So the fact that ื”ื•ืฆืื”, I mean ื”ื›ื ืกื” ื“ืขื ื™ was in the ืžืฉื›ืŸ is no ืจืื™ื” for a ืชื•ืœื“ื” according to Tosafos. So I'm not saying that Tosafos holds like that, but based on the ื—ื™ืœื•ืง that Tosafos makes, that ื”ื•ืฆืื” ื“ืขื ื™ is in ืžืฉื›ืŸ, and ื”ื•ืฆืื” ื“ื‘ืขืœ ื”ื‘ื™ืช was not, so the Rashba says, so I'm telling you that's the ื—ื™ืœื•ืง: ื”ื•ืฆืื” ื“ืขื ื™ which was in the ืžืฉื›ืŸ is an ืื‘, I mean ื”ื›ื ืกื”, ื”ื›ื ืกื” ื“ืขื ื™ in the ืžืฉื›ืŸ was an ืื‘, ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช which was not in the ืžืฉื›ืŸ, that is a ืชื•ืœื“ื”. Tosafos doesn't learn like that, like we said, because Tosafos says even ืชื•ืœื“ื•ืช ื“ื”ื•ืฆืื” have to be in the ืžืฉื›ืŸ. On the other hand, there's another thing that Tosafos doesn't fit here. Tosafos says clearly that ื”ื›ื ืกื” does not have to be in the ืžืฉื›ืŸ, it just happened to be in the ืžืฉื›ืŸ, and we mentioned that Tosafos said we don't need it to be in the ืžืฉื›ืŸ, and according to the Rashba, it has to be in the ืžืฉื›ืŸ and that's why it's an ืื‘. So, anyway, we're not saying that Tosafot learns like that, but the Rashba bases it on the ื—ื™ืœื•ืง that Tosafot makes between ื”ื›ื ืกื” ื“ืขื ื™ and ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช.

Three Shitos on Hachnasah: Tosafos, Ramban, and the Rashba

So here we have ืœืคื•ืขืœ three ืฉื™ื˜ื•ืช. We have ืฉื™ื˜ืช ื”ืชื•ืกืคื•ืช that ื”ื›ื ืกื” is always a ืชื•ืœื“ื”, like it's ืžืฉืžืข from ืกืชื the Gemara. Then you have the ืฉื™ื˜ืช ื”ืจืžื‘ืดืŸ that according to Rav Pappa ื”ื›ื ืกื” is an ืื‘. It seems like that's from Rashi. I have to tell you the truth, the Rambam learns like that. The Rambam learns ื”ื›ื ืกื” is an ืื‘. And I'll mention a few words now, it's ื ื•ื’ืข maybe more to later, why would ื”ื›ื ืกื” be an ืื‘? Because ื”ื›ื ืกื” is so similar to ื”ื•ืฆืื”, the Rambam makes a ื›ืœืœ that anything that's ืžืžืฉ ืžืžืฉ very similar, it's an ืื‘. What's a ื—ื™ืœื•ืง between an ืื‘ and a ืชื•ืœื“ื”? An ืื‘ is the original ืžืœืื›ื”, and then things which look like, they are similar to that ืื‘ are called ืชื•ืœื“ื•ืช. But there is a ื—ื™ืœื•ืง how similar it is. Certain things are ืžืžืฉ the same thing, then they're both an ืื‘. I'll give you an example: the ืžืœืื›ื” in the list of cooking, baking, which one is the ืžืœืื›ื”, cooking or baking? ืืคื™ื”, ืื•ืคื”. In the Mishnah it says ืื•ืคื”. What about ื‘ื™ืฉื•ืœ, not baking, cooking, is it an ืื‘ or a ืชื•ืœื“ื”? So the Rambam says it's an ืื‘, it's the same ืื‘. As a matter of fact, we take the ืžืœืื›ื•ืช from the ืžืฉื›ืŸ. Where was the ืžืœืื›ื” of baking in the ืžืฉื›ืŸ? No, not baking the bread. I'll tell you why not baking the bread, because when this is ื ื•ื’ืข to know ื‘ื›ืœืœ, there's one ืฉื™ื˜ื” that holds differently, but ื‘ื›ืœืœ we don't learn out the ืœืดื˜ ืžืœืื›ื•ืช from what was done in the ืžืฉื›ืŸ. It's done in the building of the ืžืฉื›ืŸ, not what was done throughout the years that they baked and they did, this is not what we learn out. And the Gemara says, where do we find in the ืžืฉื›ืŸ the ืžืœืื›ื” of cooking or baking? ื‘ื™ืฉื•ืœ ืกืžืžื ื™ื. When they had to dye the material to make the ืžืฉื›ืŸ, how do you dye? You take herbs and you cook it, and you make dye, you make paint out of it, a dye out of it. So they cooked the ืกืžืžื ื™ื. That's where you had ื‘ื™ืฉื•ืœ in the making of the ืžืฉื›ืŸ. You didn't even have any baking in the making of the ืžืฉื›ืŸ. Nevertheless, what does the Mishnah say when it talks the list of ืœืดื˜ ืžืœืื›ื•ืช? ื”ืื•ืคื”. Why? Because it's the same thing. It's the same, even though technically it's different, but it's so close, baking and cooking, it's all one. So why would ื”ื›ื ืกื” be different than ื”ื•ืฆืื”? This is ืžื” ืœื™ ืืคื•ืงื™ ืžื” ืœื™ ืขื™ื™ื•ืœื™ like the Gemara, it's such a sevara. So it makes sense that it should be an ืื‘. So the Rambam taka says it's an ืื‘. So here we have like this: ืฉื™ื˜ืช ื”ืชื•ืกืคื•ืช that it's definitely a ืชื•ืœื“ื”, and why is it taka a ืชื•ืœื“ื” ืœื›ืื•ืจื” the sevara I just said makes sense, that we'll see later from the Tosafos Chaim for Rav Nachum Zemba. But ืœืคื•ืขืœ ืชื•ืกืคื•ืช learns it's a ืชื•ืœื“ื” no matter what. The Ramban learns that it's a machloket in Gemara, that the Gemara later and the first terutz here hold it's an ืื‘, and Rav Papa, it seems like that's how he ืคืกืงื ืก it's a, he says a toldah and he says it's an ืื‘. Rashi seems to be saying in Rav Papa that it's an ืื‘, and the Rambam says it's an ืื‘. So that's the second shitah: so one shitah it's a toldah, one shitah it's a machloket it's an ืื‘. And then you have the shitah of the Rashba that's like in between. It's both, depends which, depends which ื”ื›ื ืกื”: the ื”ื›ื ืกื” of the ืขื ื™ is an ืื‘, and the ื”ื›ื ืกื” of the ื‘ืขืœ ื”ื‘ื™ืช, of the ืขืฉื™ืจ is a toldah. And his reason is because this was in the Mishkan and this was not in the Mishkan. Yeah? Obviously, he doesn't hold of that sevara, just like the one that holds it's a toldah. That's the whole idea here. I just explained the sevara why it should be an ืื‘. Huh? Because the Mishnah can suit whatever the pasuk it took at. It picks the one that fits the baking because it goes to the whole thing of baking bread, so it picks that because they're the same. Because they're both an ืื‘, so he picked that even though the actual Mishkan was was a bishul. So here you have one shitah holds that it's mamash the same, it's an ืื‘. One shitah holds be-feirush it's it's an ืื‘, one holds it's a toldah, and then one shita is mechalek between ื”ื›ื ืกื” ื“ืขื ื™, ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช. Now, the Rashba does give, like I said, the reason why we're mechalek between ani and baal habayit, because this was in the Mishkan and this not. So this is just like a makor. But what's the sevara? What's the sevara here why there should be a difference between ื”ื›ื ืกื” ื“ืขื ื™ and ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช, ื•ื”ื›ื ืกื” ื“ืขื ื™ should be an av and ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช should be a toldah? Coming right back. Huh? But lefo'al it's machnis. Lefo'al it's taking from It's all hachnasah. It's reshut hayachid to reshut harabim Yeah, what's nogea? So, it's not hotza'ah. You're taking away from him, but it's not hotza'ah. Hotza'ah means from reshut hayachid to reshut harabim, and lefo'al he's doing hachnasah, from reshut harabim to reshut hayachid. So here we have the Rav Nachum Zemba in Totsaot Chaim, which as I mentioned sometime before, this is a ื™ืกื•ื“ื•ืช'ื“ื™ืงืข ืกืคืจ in many things in Shabbos, in ืžืœืื›ืช ื”ื•ืฆืื”. So he makes a chiluk like this.

Rav Nachum Zemba's Sevara: Reshus HaRabim as the Determining Factor

He's masbir, he's trying to be masbir what is the chiluk according to Rashba, what is the chiluk, he says the word Tosafot, I think it must be a typo, a printing mistake, says ืฉื™ื˜ืช ื”ืชื•ืกืคื•ืช, it means ืฉื™ื˜ืช ื”ืจืฉื‘ืดื I think. But anyway, he's talking that that the chiluk between ืขื ื™ and ืขืฉื™ืจ ืœื’ื‘ื™ the ื”ื›ื ืกื” whether it's an av and a toldah. And this is what he says, a sevara, a geshmaka sevara, an interesting sevara. He quotes Tosafos in ื“ืฃ ื’ ืขืžื•ื“ ื on the bottom, and Tosafos says like this, and this is also mentioned the Alter Rebbe Shulchan Aruch, not the same words, that if a person What is the din of a person's hand? Now we had that in the first shiur, we spoke about it. What is the different What is the din of a person's hand? So when a person stands, if his hand is in the same reshus where his guf is, the hand has the din of that reshus. If he's standing in one reshus, and the hand is stuck out in another reshus, so then the hand doesn't have the din of his reshus, but it also doesn't have the din of that reshus. That's what comes out from Tosafos here, on ื“ืฃ ื’ ืขืžื•ื“ ื on the bottom. So he says, this is the difference. When a person is standing outside and he's doing ื”ื›ื ืกื”, he is in the same reshus, his hand is the same reshus as him. Now he's holding something, he's in the ืจืฉื•ืช ื”ืจื‘ื™ื, fine. His hand is a ืจืฉื•ืช ื”ืจื‘ื™ื. When does the transformation of coming from ืจืฉื•ืช ื”ืจื‘ื™ื, leaving the ืจืฉื•ืช ื”ืจื‘ื™ื and going into another reshus, when does that happen? Not when he takes it in his hand, because the thing, let's say, is laying in the ืจืฉื•ืช ื”ืจื‘ื™ื on the floor, he picks it up, it's still ืจืฉื•ืช ื”ืจื‘ื™ื because his hand, he is standing in ืจืฉื•ืช ื”ืจื‘ื™ื, his hand is in the same reshus, so it's still ืจืฉื•ืช ื”ืจื‘ื™ื. When he sticks his hand in and he puts his hand through the door or whatever, sticks his hand in, as it physically goes from ืจืฉื•ืช ื”ืจื‘ื™ื to ืจืฉื•ืช ื”ื™ื—ื™ื“, that's when there's a transformation of the reshus. So it comes out that the melachah that he's doing is happening when the reshus changes. If you're doing ื”ื›ื ืกื” standing inside, you're what are you doing? What's ื”ื›ื ืกื”? You stick your hand out, you pick up something from the ืจืฉื•ืช ื”ืจื‘ื™ื, and you're taking it in. Also hachnasah. When the moment you stick your hand out, what's your hand now? It's not reshus hayachid where you're standing, but it's not a reshus harabim either. So when you pick it up, when does it go away from the reshus harabim? When you're putting it into your hand. Then you're taking it into the reshus hayachid, then you're changing the reshuyot. So it comes out like this. When you're doing ื”ื›ื ืกื” ื“ืขื ื™, that's the real hachnasah, that you're taking your hand and you are changing reshuyot. When are you changing reshuyot? When you are changing reshuyot. When you actually are changing the reshus, that's when the shinui takes place, that's when you're leaving the reshus harabim. That's the real melachah of hachnasah. That's an av, that's exactly similar to hotza'ah. Mah she'ein kein if you're standing inside, so inside, the change, the going away from the reshus harabim happens before you take it inside. So if it happens before you take it inside, and derveyl you didn't really do much. You're taking it inside already is another step. So the hachnasah is not exactly the real, real form of hachnasah, and therefore, that's only a toldah. ื”ื•ืฆืื” ื“ืขื ื™ also toldah? That's going to be the she'eilah now. Oh, you're asking a good she'eilah. But this is the way he explains the difference between ื”ื›ื ืกื” ื“ืขื ื™ and ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช according to the Rashba. The she'eilah that lechora you could ask is one she'eilah is this: so by hotza'ah, it should be the opposite. So hotza'ah, it should be ื”ื•ืฆืื” ื“ื‘ืขืœ ื”ื‘ื™ืช, that's when the same thing happens, should be the av, and ื”ื•ืฆืื” ื“ืขื ื™ should be a toldah. If the sevara of av and toldah depends on when this transformation happens, if it depends on and the way your hand is, then whatever we're saying by hachnasah, that by the ani it's stronger because it changes reshuyot when it goes out of the reshus harabim when you are actually taking it physically out of reshus harabim, so by ื”ื•ืฆืื”, it should be the opposite, by the ืจืฉื•ืช ื”ื™ื—ื™ื“. So ื”ื•ืฆืื” ื“ืขื ื™, ื”ื•ืฆืื” ื“ื‘ืขืœ ื”ื‘ื™ืช should be the av, and ื”ื•ืฆืื” ื“ืขื ื™ should be a toldah, if you say this is the reason for av and toldah. Besides that, I have another shailah: by the ืขื ื™, ein hachi nami, if you're standing outside, the transformation, the going away from the ืจืฉื•ืช ื”ืจื‘ื™ื doesn't happen till you stick your hand in. But it's not going into the ืจืฉื•ืช ื”ื™ื—ื™ื“ when you stick your hand in. When you stick your hand in and your hand now is inside, which is a different ืจืฉื•ืช, so what happens now? It's not ืจืฉื•ืช ื”ื™ื—ื™ื“. It's not ืจืฉื•ืช ื”ืจื‘ื™ื anymore, but it's not ืจืฉื•ืช ื”ื™ื—ื™ื“ either, it's a ืžืงื•ื ืคื˜ื•ืจ. It's not it's not ืจืฉื•ืช ื”ื™ื—ื™ื“, because we said when you stick your hand into another ืจืฉื•ืช, what is it? Not ืจืฉื•ืช ื”ื™ื—ื™ื“, not ืจืฉื•ืช ื”ืจื‘ื™ื. So you, ein hachi nami, ื‘ืฉืขื” you take that you're putting your hand in, that's the moment you're taking it out of ืจืฉื•ืช ื”ืจื‘ื™ื, but that's not the moment you're putting it into ืจืฉื•ืช ื”ื™ื—ื™ื“. Mah she'ein kein the baal habayit, when he does it, punkt farkert, he does when he takes it in, so when he picks it up, it goes away from the ืจืฉื•ืช ื”ืจื‘ื™ื then. But when does it go into the ืจืฉื•ืช ื”ื™ื—ื™ื“? The moment he puts it in. Because his hand, when he takes his hand in into the ืจืฉื•ืช ื”ื™ื—ื™ื“, what happens? What happens to the hand the second that he sticks his brings his hand back in his turns into ืจืฉื•ืช ื”ื™ื—ื™ื“. Then it goes into ืจืฉื•ืช ื”ื™ื—ื™ื“. So why is it more important that you say that since by the ืขื ื™ it's more important, why? Because the going away from the ืจืฉื•ืช ื”ืจื‘ื™ื happens at the time when it changes ืจืฉื•ื™ื•ืช, why don't we look the other way? Should be farkert, I could think. By the baal habayit, since when does it go into the What's ื”ื•ืฆืื”? What's ื”ื›ื ืกื”? Taking out of the ืจืฉื•ืช ื”ืจื‘ื™ื into the ืจืฉื•ืช ื”ื™ื—ื™ื“. So why is it taking out of ืจืฉื•ืช ื”ืจื‘ื™ื more important than taking taking into the ืจืฉื•ืช ื”ื™ื—ื™ื“? Let's say farkert. By the baal habayit, when does it go into the ืจืฉื•ืช ื”ื™ื—ื™ื“? The second he brings it into ืจืฉื•ืช ื”ื™ื—ื™ื“. By the ืขื ื™, when does it go into ืจืฉื•ืช ื”ื™ื—ื™ื“? Sticks his hand in, so it went away from the ืจืฉื•ืช ื”ืจื‘ื™ื, but it didn't go into the ืจืฉื•ืช ื”ื™ื—ื™ื“, because it's still in his hand, and his hand is not ืจืฉื•ืช ื”ื™ื—ื™ื“. Later on, when he puts it down or he puts it into the hand of the baal habayit, it becomes. So why what is the pshat? The ืžืœืื›ื” of ื”ื›ื ืกื” has two parts to it. ืžืœืื›ืช ื”ื•ืฆืื”, there's two parts to it. ื”ื›ื ืกื” means taking it away from ืจืฉื•ืช ื”ืจื‘ื™ื, taking into the ืจืฉื•ืช ื”ื™ื—ื™ื“, two parts. So why does the Rabbi Nachum Zev say, and pshat in the Rashba, I guess, that it's more important the going away from ืจืฉื•ืช ื”ืจื‘ื™ื and that's the ืขื™ืงืจ, and therefore that takes place at the time you bring it in, and that's why that's more ืžืœืื›ื”, rather than the fact that it goes into the ืจืฉื•ืช ื”ื™ื—ื™ื“, which is more by the by the baal habayit than by the ืขื ื™? Because by him, the second he brings his hand in, which is the moment of the crossing the border, that's when it goes into ืจืฉื•ืช ื”ื™ื—ื™ื“. While by the ืขื ื™, it doesn't. It doesn't go to ืจืฉื•ืช ื”ื™ื—ื™ื“ till later. By the ืขื ื™, it goes out of the ืจืฉื•ืช ื”ืจื‘ื™ื then. But who says this is more important than that? So mimela we still need ื‘ื™ืื•ืจ trying to understand the ืฉื™ื˜ืช ื”ืจืฉื‘ืดื why ื”ื›ื ืกื” ื“ืขื ื™ is more ืื‘ than the ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช. So we could extend this a little bit, and say a few more points, which will maybe add a little bit, not so pashut either, I can't say that it's pashut, but at least something more. Later on when we talk about the four ืจืฉื•ื™ื•ืช, that's on ื“ืฃ ื•ืณ, it says ืชื ื• ืจื‘ื ืŸ, ื“ืณ ืจืฉื•ื™ื•ืช ืœืฉื‘ืช, there are four ืจืฉื•ื™ื•ืช on Shabbos, And he gives a list of the four ืจืฉื•ื™ื•ืช: ืจืฉื•ืช ื”ื™ื—ื™ื“, ืจืฉื•ืช ื”ืจื‘ื™ื, ื•ื›ืจืžืœื™ืช, ื•ืžืงื•ื ืคื˜ื•ืจ. In Shulchan Aruch, it's the same ืœืฉื•ืŸ. In Alter Rebbe's Shulchan Aruch, the same ืœืฉื•ืŸ. In Rambam, the Rambam says ื“' ืจืฉื•ื™ื•ืช ืœืฉื‘ืช, ืจืฉื•ืช ื”ืจื‘ื™ื, then ืจืฉื•ืช ื”ื™ื—ื™ื“. He mentions ืจืฉื•ืช ื”ืจื‘ื™ื first. Now, the fact that the Gemara mentions ืจืฉื•ืช ื”ื™ื—ื™ื“ first is no ra'ayah that the main ืจืฉื•ืช is the ืจืฉื•ืช ื”ื™ื—ื™ื“. It has to say one first, no? Same thing when the Shulchan Aruch, the Alter Rebbe's Shulchan Aruch copies the ืœืฉื•ืŸ of the Rambam, of the ืœืฉื•ืŸ of the Gemara, it's no ra'ayah, you write what the Gemara writes. When the Rambam changes the ืœืฉื•ืŸ is a ra'ayah he's trying to tell us something. Why did the Rambam change? Why would the Rambam not write the same like the ืœืฉื•ืŸ of the Gemara, that the first ืจืฉื•ืช is first to mention is ืจืฉื•ืช ื”ื™ื—ื™ื“? Lichorah, you could say, and I'm not saying it's muchrach, but you could say that the Rambam is trying to tell you that the ืขื™ืงืจ ืจืฉื•ืช is the ืจืฉื•ืช ื”ืจื‘ื™ื. So when we're dealing bichlal with ืจืฉื•ื™ื•ืช, what is the main thing? The main thing is the ืจืฉื•ืช ื”ืจื‘ื™ื. As a matter of fact, the Rambam in Pirush HaMishnayot, when he goes through the four ืจืฉื•ื™ื•ืช, he says there are four ืจืฉื•ื™ื•ืช, ื”ืื—ื“ ืจืฉื•ืช ื”ืจื‘ื™ื. Why does it say ื”ืื—ื“? To tell you this is the one. That's ืขืœ ื“ืจืš like ืฉื™ื—ื•ืช and the Rebbe says in in ื—ืœืง ื›ืดื• ืขืžื•ื“ 59 ืื•ืช ื—, when he talks about ื”ืžืฆื•ื” ื”ืจืืฉื•ื ื”, when the Rambam writes by every mitzvah, he doesn't write ื”ืžืฆื•ื” ื”ืฉื ื™ื”, ื”ืฉืœื™ืฉื™ืช, just by mitzvah of ืื”ื‘ืช ื”ืฉื the Rambam writes ื”ืžืฆื•ื” ื”ืจืืฉื•ื ื”. So the the Rebbe says why? Because he's trying to tell us not only the first in the list, this is the most important mitzvah, this is the ื›ืœืœื•ืช'ื“ื™ืงืข ืžืฆื•ื”. So he writes ื”ืจืืฉื•ื ื”. When the Rambam writes in Peirush HaMishnayot, okay, it's a translation, it's not the Rambam's own ืœืฉื•ืŸ, he wrote it in Arabic, but the one that translated it, Ibn Tibbon, was a reliable person. Actually, the Rambam himself wrote the ื”ืกื›ืžื”, wrote to him that you you did a good job in translating the Peirush HaMishnayot. Some was they did, done by him, some was done by somebody else, by Alharizi. But actually, s'iz nisht noge'a, but the Rambam, he wrote this, Ibn Tibbon writes to the Rambam, \"I translated your works and I've never met you, I want to come and meet you.\" So the Rambam says, \"Please don't come, I have no time for you.\" And the Rambam gives him a whole list of his daily schedule. And he says, \"I have no time to talk to you.\" Makes a ื—ืฉื‘ื•ืŸ there that how he works in the morning, he wakes up, and he ื“ืื•ื•ื ืก, runs to the the the palace to be the king's doctor, and he comes home late at night, and then there are so many people waiting in the waiting room to this, he comes hardly has time to eat, and then he finally goes out and sees his patients, and this is day by day. \"I have even no time to learn,\" he says, \"the only time I could learn is on Shabbos. I don't want you to come and drey mir a kop and hak mir a tshaynik and I have no time for you.\" But he wrote ื‘ื›ืœืœ that you did a good job, so anyway, so the translation, we could look in the translation of of Kapach, maybe he has a little different words, but usually it's mostly the same. Because Kapach took the same original Rambam of Arabic and learned Arabic and translated it himself, with a new translation, more ืžื“ื•ื™ืง. Anyway, but the way it's written, it says ื”ืื—ื“, that the the one ืจืฉื•ืช is ืจืฉื•ืช ื”ืจื‘ื™ื, as if saying that the ืจืฉื•ืช ื”ืจื‘ื™ื is the ืขื™ืงืจ. So when we talk about things that happen in the ืžืœืื›ื” of ื”ื•ืฆืื”, everything will circle around the ืจืฉื•ืช ื”ืจื‘ื™ื, if possible. Certain things are not possible, but if it's possible, the ืจืฉื•ืช ื”ืจื‘ื™ื is what counts. What's done in connection to the ืจืฉื•ืช ื”ืจื‘ื™ื, that's what counts. And therefore, like this: unless the ืจืฉื•ืช ื”ืจื‘ื™ื is not ืชื•ืคืก ืžืงื•ื yet, when you're standing outside and you're trying to do ื”ื›ื ืกื”, the outside is the ืจืฉื•ืช ื”ืจื‘ื™ื and that's what counts, and what you're doing is you're taking it in from the ืจืฉื•ืช ื”ืจื‘ื™ื. ื”ื›ื ืกื” is the ikar. No, the the ืจืฉื•ืช ื”ืจื‘ื™ื is the ikar, that means what we're looking what is the ื ืงื•ื“ื” of the melachah? What is ื‘ื™ื—ืก to the ืจืฉื•ืช ื”ืจื‘ื™ื? That you're taking it away from the ืจืฉื•ืช ื”ืจื‘ื™ื. You could say, one of the ืฉืืœื•ืช we asked, the ืฉืืœื” we asked before, why is it more important when when it goes out of the ืจืฉื•ืช ื”ืจื‘ื™ื rather than coming into the ืจืฉื•ืช ื”ื™ื—ื™ื“? So I'm saying now, yes, ืจืฉื•ืช ื”ืจื‘ื™ื is the first ืจืฉื•ืช. Everything is ื‘ื™ื—ืก, what's taking place in ื™ื—ืก to the ืจืฉื•ืช ื”ืจื‘ื™ื. The the ืจืฉื•ืช ื”ืจื‘ื™ื, ืจืฉื•ืช ื”ื™ื—ื™ื“ is another ืจืฉื•ืช. So if you're doing ื”ื›ื ืกื”, and if you're standing outside, what's noge'a is the fact that it goes out of the ืจืฉื•ืช ื”ืจื‘ื™ื, and you're standing in the ืจืฉื•ืช ื”ืจื‘ื™ื. When you're standing inside and you're doing ื”ื›ื ืกื”, it's the same thing. You're taking it out from the ืจืฉื•ืช ื”ืจื‘ื™ื, because ื”ื›ื ืกื” means that the object is laying in ืจืฉื•ืช ื”ืจื‘ื™ื, that's why it's ื”ื›ื ืกื”. ื”ื•ืฆืื” means the object is inside, you're taking it out; ื”ื›ื ืกื” means outside, you're taking it in. As long as there is something It has to do with the outside, the ikar is what's happening to the ืจืฉื•ืช ื”ืจื‘ื™ื. That's what counts. If you're doing ื”ื•ืฆืื”, that'll be a difference. If you're doing ื”ื•ืฆืื” and you're standing outside, so you're standing in the ืจืฉื•ืช ื”ืจื‘ื™ื also, even though the object is in the ืจืฉื•ืช ื”ื™ื—ื™ื“, but you're standing in the ืจืฉื•ืช ื”ืจื‘ื™ื. So, we're dealing also with the What's ื”ื•ืฆืื” according to that? The taking away from ืจืฉื•ืช ื”ื™ื—ื™ื“, but the ืขื™ืงืจ ืงื•ื•ืขื˜ืฉ is bringing it into the ืจืฉื•ืช ื”ืจื‘ื™ื. But that's only if the guy is standing outside and is bringing it into the ืจืฉื•ืช ื”ืจื‘ื™ื, so the ืจืฉื•ืช ื”ืจื‘ื™ื counts. If your guy is standing inside and the object is inside, then the ืจืฉื•ืช ื”ืจื‘ื™ื is not yet ืชื•ืคืก ืžืงื•ื. Here is going to count what's happening to the ืจืฉื•ืช ื”ื™ื—ื™ื“, because the ืจืฉื•ืช ื”ืจื‘ื™ื is not on the horizon yet, you're not in the ืจืฉื•ืช ื”ืจื‘ื™ื yet. But as long as you have a ืฉื™ื™ื›ื•ืช to the ืจืฉื•ืช ื”ืจื‘ื™ื, whether you're standing in the ืจืฉื•ืช ื”ืจื‘ื™ื or the object is in the ืจืฉื•ืช ื”ืจื‘ื™ื and you're standing there or not standing there makes no difference. ื•ืœืคื™ ื–ื”, it'll come out like this: When you're standing by the case of hotza'ah, if you're hotza'ah the ืขื ื™, the ikar that counts is the ืจืฉื•ืช ื”ืจื‘ื™ื, because you're standing, the ืขื ื™ is standing outside and doing hotza'ah. When does the the ืคืขื•ืœื” happen? He sticks his hand in to take something out. He takes his hand empty and takes When he picks the thing up, the thing takeh is not in ืจืฉื•ืช ื”ื™ื—ื™ื“ anymore, because the hand of the person that's sticking out from another ืจืฉื•ืช is not the ืจืฉื•ืช where it's in. The object is in ืจืฉื•ืช ื”ื™ื—ื™ื“, he picks it up, it's not in ืจืฉื•ืช ื”ื™ื—ื™ื“ anymore, but it didn't go into ืจืฉื•ืช ื”ืจื‘ื™ื. When did it go into ืจืฉื•ืช ื”ืจื‘ื™ื? When he takes his hand out. Oh, that's Rav Menachem Zemba's word! He takes it out, so the time when he takes it out ื‘ื’ืฉืžื™ื•ืช ืคืฉื•ื˜ to the ืจืฉื•ืช ื”ืจื‘ื™ื, that's when it goes into ืจืฉื•ืช ื”ืจื‘ื™ื. That's a real melachah. So, that's an obvious The guy who's standing inside and he's taking it out, oh, he's inside and the object is inside. Here the ืจืฉื•ืช ื”ืจื‘ื™ื is not, here the vort is the ืจืฉื•ืช ื”ื™ื—ื™ื“, because the ืจืฉื•ืช ื”ืจื‘ื™ื is not ืชื•ืคืก ืžืงื•ื yet. So, here it's the change of the ืจืฉื•ืช ื”ื™ื—ื™ื“. When does the change of the ืจืฉื•ืช ื”ื™ื—ื™ื“ happen? Since when you're standing inside and your hand is inside, your hand is still ืจืฉื•ืช ื”ื™ื—ื™ื“, so when you pick it up, it's still ืจืฉื•ืช ื”ื™ื—ื™ื“. When does the change from ืจืฉื•ืช ื”ื™ื—ื™ื“ take place? When you're taking it out to the other ืจืฉื•ืช. So, again it's happening at the same time. I'm trying to explain why by hotza'ah we don't make the chiluk that Rav Menachem Zemba made, and by hachnasah we do, because by hotza'ah, both of them, whether it's hotza'ah the ืขื ื™ or hotza'ah the ื‘ืขืœ ื”ื‘ื™ืช, at the same time, and he makes the klal when it's doing the physical transfer over ืจืฉื•ืช, that's when the ikar is done, in both cases it's the ikar. By the case of the ืขื ื™ it's the ikar, because since he's standing outside and the ืขื™ืงืจ ืจืฉื•ืช is outside, so we're looking what happens to the ืจืฉื•ืช ื”ืจื‘ื™ื. When does it come to the ืจืฉื•ืช ื”ืจื‘ื™ื? He stuck his hand in, picked it up, it went out of the ืจืฉื•ืช ื”ื™ื—ื™ื“, true, because his hand now is from the other ืจืฉื•ืช, it's not ืจืฉื•ืช ื”ื™ื—ื™ื“, not ืจืฉื•ืช ื”ืจื‘ื™ื either. When did it go into ืจืฉื•ืช ื”ืจื‘ื™ื? When he took it out. That's a melacha. The guy who is standing inside, by him the ikar is when he's going out of the ืจืฉื•ืช ื”ื™ื—ื™ื“, because there is no ืจืฉื•ืช ื”ืจื‘ื™ื involved yet. So, here, he picks it up, it's still ืจืฉื•ืช ื”ื™ื—ื™ื“. As he's taking it out, it goes out of ืจืฉื•ืช ื”ื™ื—ื™ื“. So, they're both the ืขื™ืงืจ ืžืœืื›ื”. So, I'm saying ืจืฉื•ืช ื”ืจื‘ื™ื is only important when there is something to do with the ืจืฉื•ืช ื”ืจื‘ื™ื: either you're standing there or the object is there. But if there's no connection, I'm takeh going to try to take it out, but what's happening as a metziut now is ืจืฉื•ืช ื”ื™ื—ื™ื“. I'm in ืจืฉื•ืช ื”ื™ื—ื™ื“, this is ืจืฉื•ืช ื”ื™ื—ื™ื“, and we're going to make a change. What's the change? Now, we don't take the ืจืฉื•ืช ื”ืจื‘ื™ื You could say this, but I'm saying it's not pashut because you could say, who says? Ein hachi nami, I'm not trying to ask a kashya. If I'd be trying to ask a kashya and say this sevara, then you could say, 'Who says? Maybe it's not like that.' And if it's not like that, you don't have a kashya. But I'm saying farkert, you have a kashya, we're looking for a teirutz. So, as long as there is a sevara you could say It's always There's You can't say, there's no such thing as ื™ืฉ ืœื”ืงืฉื•ืช ื‘ื“ื•ื—ืง. You can say, 'I could make a dochak and have a kashya.' Don't make a dochak and don't have a kashya. But I could say ื™ืฉ ืœืชืจืฅ ื‘ื“ื•ื—ืง, unless you can't say the teirutz doesn't make sense. But if there's a sevara you could say, maybe yeah, maybe not. If it's going to make a kashya, don't say it and don't ask kashiyot, but if you're going to say a sevara and answer, someone will ask you, 'But maybe not?' Az gezunterheit, say not, ื‘ืœื™ื™ื‘ื–ืฉืข ืžื™ื˜ ื“ื™ ืงืฉื™ื. What are you going to gain by you going to say not? Say not. Sometimes you could ask, you can't say what you're saying, that's something else. But as long as there is a possibility to say a sevara, we're trying to find a sevara for the Rashba. What is the sevara? And the Rabbi Menachem Ziemba gave a sevara which is needs, needs like to finish, to fix it, to make a ื—ื™ืœื•ืง ื‘ื™ืŸ ื”ื•ืฆืื” ื•ื”ื›ื ืกื”. This is what I'm trying to say, that you could say a sevara, that since the ืจืฉื•ืช ื”ืจื‘ื™ื is the ikar, so we're Ever, so there are three parts, three cases where the ืจืฉื•ืช ื”ืจื‘ื™ื is the ikar. Every ื”ื›ื ืกื”, the ืจืฉื•ืช ื”ืจื‘ื™ื is the ikar. Whether you're standing here or there, the object is outside. So two ื”ื›ื ืกื•ืช of the ืขื ื™ and the ืขืฉื™ืจ, the ืจืฉื•ืช ื”ืจื‘ื™ื is the ikar. ื”ื•ืฆืื”, and if you're standing outside, also the ืจืฉื•ืช ื”ืจื‘ื™ื is the ikar, because you're standing outside. The only place where the ืจืฉื•ืช ื”ืจื‘ื™ื is not the ikar is when you're standing inside and it, and it's ื”ื•ืฆืื”, which means the object is inside. And this is going to be the ื—ื™ืœื•ืง: that if you're standing inside and you're doing ื”ื•ืฆืื”, so we're looking not at the ืจืฉื•ืช ื”ืจื‘ื™ื, we're looking at the ืจืฉื•ืช ื”ื™ื—ื™ื“. So we're looking, when did it leave the ืจืฉื•ืช ื”ื™ื—ื™ื“? So by the baal habayit, it left the ืจืฉื•ืช ื”ื™ื—ื™ื“ then. By the ืขื ื™, what happened? When he's doing ื”ื•ืฆืื”, the ikar is the ืจืฉื•ืช ื”ืจื‘ื™ื. So when he's taking it out, so both of them, so both of them, as the transfer of the ืจืฉื•ืช happens, according to Rav Menachem Ziemba, that that's what counts, in both cases it's an ืื‘. In both cases, they're doing the ikar. As he says that what counts as an ืื‘ if the peulah of changing in halacha between ืจืฉื•ืช ื”ื™ื—ื™ื“ and ืจืฉื•ืช ื”ืจื‘ื™ื is taking place at the same time when it's physically the happening, when it's pashut going into. So I'm saying if the ikar is the ืจืฉื•ืช ื”ื™ื—ื™ื“ by the guy standing inside by ื”ื•ืฆืื”, when is that ื™ืฆื™ืื” from the ืจืฉื•ืช ื”ื™ื—ื™ื“ happening? When he's as he's taking his hand out. If you're standing outside, the ikar is the ืจืฉื•ืช ื”ืจื‘ื™ื. When does that happen? As you're taking out. By ื”ื›ื ืกื”, there will be a difference between the ืขื ื™ and the ื‘ืขืœ ื”ื‘ื™ืช. If you're looking at this, the ืขื ื™ who's standing outside and he's doing and he's doing ื”ื›ื ืกื”, when does the the halachdike change from ืจืฉื•ืช ื”ืจื‘ื™ื take place? And the ikar is ืจืฉื•ืช ื”ืจื‘ื™ื. And by ื”ื›ื ืกื”, it's the ikar is ืจืฉื•ืช ื”ืจื‘ื™ื no matter what, because it's the object is outside, and therefore when does that take place? He picked it up from the street in the ืจืฉื•ืช ื”ืจื‘ื™ื, the ืขื ื™. What's it now? Still ืจืฉื•ืช ื”ืจื‘ื™ื, because his hand is in the same place where he is. As he's sticking his hand in, it left the ืจืฉื•ืช ื”ืจื‘ื™ื. As it I mean left yeah when it the ืจืฉื•ืช ื”ื™ื—ื™ื“ left the ืจืฉื•ืช ื”ืจื‘ื™ื. It didn't go in the ืจืฉื•ืช ื”ื™ื—ื™ื“ yet. Why not? Because now his hand is inside, what's his hand? Nothing, but not ืจืฉื•ืช ื”ื™ื—ื™ื“. But who cares? The ikar is what happens to the ืจืฉื•ืช ื”ืจื‘ื™ื. He stuck it in, he left the ืจืฉื•ืช ื”ืจื‘ื™ื at that moment. It's an ืื‘. Mah she'ein ken the ื‘ืขืœ ื”ื‘ื™ืช, and we're talking by ื”ื›ื ืกื”, and ื”ื›ื ืกื” is the ikar the ืจืฉื•ืช ื”ืจื‘ื™ื no matter what, what's happening here? He sticks his hand out, what's his hand now? Nothing. He picks it up, that's when it left the ืจืฉื•ืช ื”ืจื‘ื™ื. When he sticks his hand and picks it up, his hand is not ืจืฉื•ืช ื”ืจื‘ื™ื. It's not ืจืฉื•ืช ื”ื™ื—ื™ื“ either, it's not ืจืฉื•ืช ื”ืจื‘ื™ื. When he takes it in, this thing goes into ืจืฉื•ืช ื”ื™ื—ื™ื“. But the ืจืฉื•ืช ื”ื™ื—ื™ื“ is not what counts. We're saying the ikar is, in this case, from taking from ืจืฉื•ืช ื”ืจื‘ื™ื. Taking from ืจืฉื•ืช ื”ืจื‘ื™ื does not happen at the same time when he pashut took it in. And Rav Menachem Ziemba says that it depends if it happens at the same time, it's an ืื‘, if it doesn't happen, it's not an ืื‘. So where is the only time where it doesn't happen at the same time as the physical case is only by ื”ื›ื ืกื” ื“ืขืฉื™ืจ? Cuz the she'eilah, after we brought what he said, is ื’ืขื•ื•ืขืŸ the she'eilah according to this, why is it not by ื”ื•ืฆืื” the opposite? Then we had another she'eilah, according to what he says, why does he count up as the ikar when it goes to the ืจืฉื•ืช ื”ืจื‘ื™ื, why doesn't he count when it comes to the ืจืฉื•ืช ื”ื™ื—ื™ื“? And that's ืคื•ื ืงื˜ ืคืืจืงืขืจื˜, the ื‘ืขืœ ื”ื‘ื™ืช when he takes his hand in goes into the ืจืฉื•ืช ื”ื™ื—ื™ื“. So I'm trying to say this nekudah, that by ื”ื›ื ืกื”, it always is noge'a the ืจืฉื•ืช ื”ืจื‘ื™ื, cuz that's the ืขื™ืงืจ ืจืฉื•ืช. By ื”ื•ืฆืื”, if it's possible, if there's a ืฉื™ื™ื›ื•ืช to the ืจืฉื•ืช ื”ืจื‘ื™ื because the guy is standing in the ืจืฉื•ืช ื”ืจื‘ื™ื, also the ืจืฉื•ืช ื”ืจื‘ื™ื is the ikar. If you're standing in the ืจืฉื•ืช ื”ื™ื—ื™ื“ and it's ื”ื•ืฆืื”, which means the object is and you're in the ืจืฉื•ืช ื”ื™ื—ื™ื“, then the the the ืจืฉื•ืช ื”ืจื‘ื™ื is not ืชื•ืคืก ืžืงื•ื yet. So now what's the nekudah? The nekudah is when does it leave the ืจืฉื•ืช ื”ื™ื—ื™ื“, and that's the ikar. So it comes out that by ื”ื•ืฆืื” they're both an ikar, they're both an ืื‘. By ื”ื›ื ืกื”, only ื”ื›ื ืกื” ื“ืขื ื™ has the ikar and not ื”ื›ื ืกื” ื“ื‘ืขืœ ื”ื‘ื™ืช. And that's why the ืจืฉื‘ืดื learns this is an ืื‘, and this is not. Now, why ืชื•ืกืคื•ืช and the ืจืžื‘ืดืŸ don't learn like this, one learns it's an ืื‘ and one a ืชื•ืœื“ื”, they don't learn this whole sevara that that that Rav Menachem Ziemba said that it depends on the time of when the ืคืขื•ืœื” does, who says it? That's what he says the Rashba will learn. So mimela it could be either an av or a toldah, whatever way. What's takeh the sevara, what's the sevara whether it's an av or a toldah? Forget about this, this is only to explain a chiluk in ืขื ื™ and ืขืฉื™ืจ, but if you don't explain it, then what's the chiluk in av and toldah? Is it whether it's an av or a toldah, what's the machloket here? That's talui in the second piece of the Etz Chaim, which to be continued. I don't know when. A lot of yeshivot don't even put out a what's it called at the end. Alarm clock to remind

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