Ready? Track me over here. Who usually sits there? Shimon Leibowitz'. Leibowitz'? Leibowitz'. Okay. Which one sounds more like Lubavitch'? There's a street in Meah Shearim in Jerusalem which is called רחוב הרב מלייבוביץ', not Lubavitch'. That's in Sefarad also? Yeah, but over there there's a lot of mitnagdim living in the area of Meah Shearim so they didn't want to call it like that, Lubavitch', Jerusalem, so they called it רחוב לייבוביץ'. They didn't want to pronounce Lubavitch'. Leibowitz'. Okay, we're in the middle of an inyan, the middle of the whole thing with רדיית הפת that the Rif and the Baal HaMaor and the Ramban and the Ran and Tosafot and Ravinu Chananel. What was it all just mamash in kitzur just to get back to the inyan. The Gemara asked a shaila, Rav Bibi bar Abaye asked a shaila if you put in the פת can you take out, can you do רדיית הפת to protect you from the issur. The shaila is what's the issur. So Tosafot asks the shaila, בכורה it's not asur, it's חכמה ואינה מלאכה. It's issur derabbanan. The Rif brings the same shaila, the Rif says rabbanan, earlier rabbanan, the Rif's earlier rabbanan that the Rif was the earliest Rishonim so it must be the Geonim asked what's the problem here, what's the issur here? And he says that after all it's issur derabbanan and you could only do it for כבוד סעודת שבת but this case it's not סעודת שבת and also you can't even eat it if you wanted to. Why not? Because not cooked, not baked, it's raw. But you have to do it with a shinui. So mimela you do with a shinui if it's סעודת שבת but if it's not סעודת שבת you're not allowed. That's what the Gemara asks are you allowed or not allowed. The answer is the מסקנה is that you are allowed because of איסור סקילה but otherwise you wouldn't be allowed because there's a issur. Comes the Baal HaMaor and he says I don't understand what the she'eilah of the Rif is here, he attacks the Rif, the Rif had nothing to write it's so pashut I mean what else. Obviously it's only issur derabbanan because if it would be a מלאכה דאורייתא רדיית הפת would there be any sevara that you're allowed to do רדיית הפת to protect you from איסור אפייה? You could do one melacha to protect from another melacha? It's definitely דרבנן, לכתחילה דרבנן and the she'eilah is are you allowed to over on the issur derabbanan. Which means that what the Rif wrote is extra. Comes the Ramban and tries to answer it and the Ran says like this, the peshat in the Rif is like this. The hava amina was that since we find that you're allowed to if you forgot your bread in the oven in the Shabbos and you need food to eat, you're allowed to take out three seudot. So it says you shouldn't do it with a מרדה, you should do it with a סכין, with a shinui but you're allowed to. So the she'eilah of the Rif says the kashya what is, if you're allowed to so what's the she'eilah here if he shouldn't be allowed to do it. And the answer is you're allowed to only for סעודת שבת. But what's the shaila? He said the shaila was בכורה the Baal HaMaor asked a good question, everyone knows it's a איסור דרבנן. The shaila was that even the איסור דרבנן it's not really. What kind of איסור דרבנן is it? עובדין דחול. Only עובדין דחול. עובדין דחול is a weak איסור דרבנן. And the answer of the Rif is that even that you shouldn't be allowed, only allowed to do this issur which is only עובדין דחול, even that you're only allowed לצורך סעודת שבת but if it's not סעודת שבת you're not allowed. Okay. What did Rabbeinu Chananel say? That this case here is איסור דאורייתא. Rabbeinu Chananel says that this din that the רדיית הפת to take bread out of the oven is only a איסור דרבנן is only if it is baked bread. But if it's like our case where you just put it in and it didn't bake yet, you want to take it out before it bakes, that's איסור דאורייתא. What's the איסור דאורייתא? The איסור דאורייתא is לש because you take it out you're going to be kneading it like. That's what the Gemara has a good question, can you do it or can't you do it, it's after all a איסור דאורייתא, are you allowed to over the איסור דאורייתא in order to protect, to prevent you doing איסור דרבנן of אפייה. That's how Rabbeinu Chananel learns. But I finished off last shiur with asking a question on Rabbeinu Chananel. Very good pshat. But what's the Gemara's answer? What's the hava amina you should be able to do, what's the purpose like the Baal HaMaor says. If it's a איסור דאורייתא to do רדיית הפת in this case, how in the world was the a sevara that you're allowed to do one is- one melachah to avoid another melachah? Can you imagine such a thing? Doesn't make sense. The question is, can, milah if we learn it's only איסור דרבנן, oh, maybe you could be over a איסור דרבנן in order not to come to be עובר איסור דאורייתא, because if you take it out and do a איסור דרבנן you'll prevent from baking, so it won't be איסור דאורייתא. But according to Rabbeinu Chananel that it's a איסור דאורייתא, so what's the sevara? That's the שאלה that I had. I started I gave one word as an answer last shiur, I finished off with this kashya. I just said maybe the peshat will lay in the words of the Rabbeinu Chananel.

Look into the Rabbeinu Chananel. I don't know on your Gemaras, my Gemaras on the next page on דף ד עמוד ב it's printed. He starts off on דף ד עמוד א, but at the end there what does he say here? ויש אומרים. Look inside, read let's look inside, read it inside. The best thing always when you need something, you read inside, and I'll read it with you together. ויש אומרים, that's his status, כי רדיית הפת האפויה. You have the guys have it? If it's a regular Gemara, not Oz Vehadar, it's printed on the side of דף ד עמוד ב. I think yours is a regular Gemara. Here. The new ones, I don't know where it's if it's they managed to print it on this side or not. You have Which one do you have? Which one do you have? This one. It's on ד עמוד א. ד עמוד א. Which one? It's Oz Vehadar? ד עמוד א, okay. Look there. ויש אומרים. Which one is yours? The old one. So look at דף ד עמוד ב. Nu. ויש אומרים. א פארקראכענע מניין. Happens a lot of times, that when you leave for a Shabbos, that takes a while to get back into it. That's no good. That's one of the reasons it's not good to give Shabboss off or Shabbos or Shabbatonim and that because it tilts you. You go for camp to camp for two months then it takes you a three a month to get back, when you go for a Shabbos, takes you two days to get back. Recharges your battery. It recharges your battery on one side, and on the other side it uncharges. Anyway, we got to make the best of it. You see it inside? ויש אומרים, look at the end, כי רדיית הפת אפויה, when he says what I what I said in his name, that to take out bread that's baked, that is חכמה ואינה מלאכה, that's not a melachah. אבל רדייתה בעודה עיסה, but if you take it out when it's still dough, קודם שיקרמו פניה, before it gets hard on top, מלאכה היא, that is a melachah. And he even says a practical thing, הלא תראה, can't you see, he says, הפת האפויה אפשר לרדותה בסכין, bread that's baked, you can take it out with a knife. אבל העיסה, if it's still dough and it's stuck to the oven, אי אפשר לרדותה אלא בידיים. The only way to take it out, you got to schlep it out with your hands, with a knife it won't go. שנמצא כמו לש, then it's like kneading. If you're going to schlep it out with your hands, what's going to happen? It's like kneading, so he says it is a melachah. ומתקן הוא, these are the words I want to say, and this is a metaken and not a mekalkel. Because you could say by taking it out, you're doing a melachah of what? Lash. Of lash. But we have a din that every time you do a melachah de'oraita which is not a tikun, it is not a beneficial melachah, but it's a melachah that does a kilkul, that spoils something, then you're not chayav mide'oraita. Any melachah. Any melachah. כל המקלקלין, who knows the end of the לשון? פטורין. A mekalkel is patur, which is asur. Patur aval asur, but patur means it's not de'oraita. It's asur, but not פ- not chayav, it's not de'oraita. So you're not chayav mide'oraita mekalkel. So in this case, you would think maybe when you schlep the bread out, even though you're kneading, when you schlep it out with your hands you're kneading it, but still It's mekalkel, so you're going to be patur. you're spoiling it. You're going to take it out and what's going to happen to it? What are you going to do with this dough? Throw in the garbage. Throw in the garbage. You can't You can't hold it till after Shabbos to bake it, it's going to get spoiled. So what are you going to do with it? So it's mekalkel. So he says, no, it's not mekalkel, it's a metaken. We'll get into it why. It's a metaken. And if it's a metaken and you're doing a melachah, so what should be the din? If it's mekalkel, patur. No, but it's not mekalkel. So it's chayav. So it's an issur de'oraita, a regular issur de'oraita. Mekalkel is patur. Mekalkel is not de'oraita. If you do a melacha which is mekalkel, now he says, this case it's not mekalkel. We don't know why yet. He didn't explain why, but he says, mekalkel No, mekalkel is patur de'oraita. It's talking in this But metaken is chayav. If you do a melacha, and it's not mekalkel, but it's fixing, it's doing something, you're chayav. So he's saying this case it's not mekalkel, so it's metaken. And therefore, the gi- it's an issur de'oraita. That's why there is a question: Can you do this issur de'oraita to avoid the issur of being baked? Because if it would be a derabbanan, what would be the she'eilah? Everybody could do it. That's what he's trying to explain. He's asking, what's wrong with רדייה? He says רדייה is not a melacha, so why did the Gemara have a question? So he says this case it is a question, because it's a de'oraita. And he says because of לפיכך, therefore לא הזכירו במקום הזה, therefore in this place of the Gemara they didn't the Gemara didn't mention הא דתנא דבי שמואל כלל. There is a din of Shmuel, Rabbi Yishmael, that this דין Tosafot brought, that רדיית הפת is a חכמה ואינה מלאכה, the Gemara didn't bring here. L'chorah the Gemara should have brought it, no? When the Gemara, when Rabbi Bibi bar Abaye asks, are you allowed to take it out, shouldn't the Gemara have said, what's the problem? The Gemara should have said רדיית הפת is חכמה ואינה מלאכה, and mimela that's why maybe you should be able to do. The Gemara doesn't bring it, why? Says because that has nothing to do with this. כי אינו דומה זה לזה כלל. This is not like a regular case. Regular case is baked bread, there it's only a derabbanan or like the Ran says, ובדיעבד דנאכל. But here we're talking about it's a isah, it's dough, and that's issur de'oraita. What we have to understand is, lichorah, so what's so the peshat in him? What's mekalkel? Why is it not mekalkel? But the ikar is, what's the Gemara's answer? Huh? His question was, what's the Gemara's she'eilah? It's not a melachah, so vadai you could do it. So he says, no, it's not a melachah if it's baked, this is an issur de'oraita, that's why the Gemara has a question. So my question is, so what's the Gemara's answer? So what's the Gemara's maskana? What's the maskana? Are you allowed, or not allowed? You didn't learn the next piece of Gemara, but in the next piece of Gemara comes a maskana: הותרה ליה לרדות, so you are allowed. Why are you allowed? You're doing a melachah. So if you remember the lashon of the Baal HaMaor, he said if it would be a de'oraita, would there be an hava amina you could be able to do it? וכי דוחים מלאכה מפני מלאכה? Why, you could do one melachah to protect another? Why is this melachah better? Don't do it! Adrabah, the other melachah, leave it! You're gonna go בידים, do a melachah? Oh, so, but he says it is a de'oraita. No, he says he says it's it's not it's a melachah. No, he says it's not. מתקן ואינו מקלקל. It's saving you, so... Okay. Okay. Okay. Saving you from a de'oraita. Good. So let I'm trying to I'm gonna try to explain something along your lines, and it'll answer both she'eilot. We have two she'eilot on the Rabbeinu Chananel. One she'eilah is: Why is it not a mekalkel? You're taking out the dough, you throw in the garbage, so you're mekalkel. Number two: Why takeh are you allowed to if it's a de'oraita? Both things go together. Why is it takeh a metaken and not a mekalkel? So the answer is because it's protecting you from a issur de'oraita, that's that's why it's metaken. We find an example to this din. I'll give you an example to the din. You ask, how could you call it metaken if it's protecting you from something? Why is it, lema'aseh why are you allowed to? No, first of all, why is it a de'oraita? Why is it not mekalkel? And the second question is, if it is a de'oraita, why is the din that you're allowed to do it, or why was there even a sevara that you're allowed to do it, and the maskana is you're allowed to do it? How could you do a de'oraita against, to save you from a de'oraita? You do a melacha... So the answer is it goes to the two she'elot go together. Why is it not a mekalkel? Why is it metaken? What's it metaken? Metaken you're not gonna get punished, you're not gonna get the issur de'oraita. That's called a tikun. How, why is that called a tikun? So I'll bring an example. If a person tears clothes, is it mekalkel or metaken? What do you think? Mekalkel. So there's a מלאכת קורע. There is a melacha tearing, but tearing על מנת לתקן. If you're tearing because through the tearing you're gonna fix it, mashal someone has a tear and you want to sew it up, sometimes you gotta tear a little further, so that tearing is to fix. But if you tear על מנת to tear, it's a kilkul, and you're patur. It's not a melacha de'oraita. Now, what happens, the Rambam says, הקורע בחמתו, the person is angry and he wants to let his anger out, some people, punch the wall and you break the wall, but that's how it is. So הקורע בחמתו, חייב, even though he broke something, he tore his clothes. Why? So the Rambam says because by doing this he's being metaken himself. He calmed down, he lets his anger out. That's what the Rambam says. Or if someone tears keriah on Shabbos for a מת. אין אבלות בשבת. He does keriah, you're chayav, even though you're tearing your clothes, because you feel better, it's doing the mitzvah of keriah, whatever. But this is the din. So we see here that when you do a melachah, which is a mekalkel, the פעולה is a mekalkel, it's ruining it, but because this ruining is gonna do something to you, it'll make you feel, that's called tikkun. Same thing here. That's why I think the Rabbeinu Chananel says this is not a mekalkel, tikkun. Why? Because if you're doing it to protect you from a איסור דאורייתא, then it's called then then it's called tikkun. Okay. לפי זה, if the Rabbanan were matir you to take out, it's not so pashut what I'm saying. You have to think about it. I'm not sure myself it's a good sevara, but לא דחיאן עפעס, you know? That if you're going to do it because the Rabbanan told you that you're allowed to do it, u'mimeila, sof kol sof, you're doing it not to protect yourself from איסור דאורייתא, you're doing it because the Rabbanan told you to do it. So it's not that this itself is protecting you. See? Why did the Rabbanan make it? In order that it should protect. That's their business. You're doing it based on them, they're doing it based So the she'eilah is like this: the whole same reason why it's אסור מדאורייתא, if the Rabbanan are matir you to do it, then you're doing it because of their heter. And if you're doing it because of their heter, even though it protects you, but לפועל it's לאו דוקא called a tikkun because it's not metaken you. Not so pashut, because could be if they tell you you're allowed to do it and you don't, you're a chayav. So you're doing it, but sof kol sof, they were matir you to do it and they they took basically, they took off the issur. They they they said we have a way that you won't be chayav, but it's because we're telling you to do it. See, there's two things. There is you want to do because you want to be metaken, and then the Rabbanan told you to do it. If the Rabbanan told you to do it, you're doing it because of the Chachamim. Huh? Yeah, could be. Yeah. You want to put in those words, a tikkun and a mekalkel at the same time. But because it's a kilkul also, that's why maybe you're allowed to do it. And that was the she'eilah. Because ad'rabah, I think the words you said were even makes it more concrete. The she'eilah of the Gemara was, this is a tikkun and a kilkul. Be'emet, it's a kilkul, but at the same time it's a tikkun. But that same see, every time by קורע בחמתו is also a tikkun and a kilkul. But here, the tikkun itself is is kilkul. In other words, it's connected because the פעולה you're doing, which is the פעולה's a kilkul, is is not is is really the עיקר, and the and and the tikkun is not a real tikkun, you could say. So it goes together. Al kol panim, so it's possible that that's the she'eilah, or al kol panim, this was the Gemara's answer that you're allowed to do it because it's not be'etzem a tikkun. If it's be'etzem a tikkun, it won't help. But since the whole tikkun is because of the reason why you're doing it, what's the tikkun? The reason why you're doing it. But if you're doing it cause the חכמים told you to do it, then it's really not the tikkun that you're doing. U'meimila, that's the Gemara's answer. That's why the maskana is you're allowed to. So taka allowed to. That's the maskana of the Gemara, that's why No, you're allowed to to protect yourself, and then you then you have to actually do it. You have to They told No, they said you're allowed to do it. If you won't, what are you going to do? You're going to be עובר איסור דאורייתא, so you have to do it. But you have to do it because they told you to do it. If התירו, then then you're מחוייב. It's no goes no two ways about it. But you think to yourself, why the רבנן tell me to do it? Because if not, then I'm doing איסור דאורייתא, so that means you're doing it So, but the she'eilah is, how do we go? Do we go all the way two steps back or do we look at the last step? The last step is they told you to do it. So the Gemara maskana would be that they told, because we look at it as if they told you to do it. That's that's the way it seemed. Now, one more vort before in this same sugya till we get to the Alter Rebbe here and the Mishnah Berurah, in the halacha.

One more vort in this sugya: The Ramban, he says pshat in the Rif a little different, going back to the Rif. The Rif asked lichora, why shouldn't you be able to do it? That's the Rif brought the she'eilah. And he answered that that it's אסור מדרבנן, and it's only mutar even though it's mutar over there by the case where you didn't have food, it's only לצורך סעודה. The Baal HaMaor he said, but what the Rif writes, it's pashut, I mean, there's no chiddush. Comes the Ramban, and the Ramban tries to fight back against the, Milchamot Hashem, against the Baal HaMaor. And the Ramban says like this: pshat in the she'eilah is different. And the the Rif said over there, when they said you're allowed to do it, in the case where you forgot to take the bread out before Shabbos and you're allowed to save how much? Bread for three meals, it says that you should do it with a shinui. Do it with a knife, not with a regular spatula, not with the regular kli. Over here, when you were mutar to do it, they were matir without a shinui, that's the she'eilah. That's the kashya of the Rif. Even when they were matir it, the she'eilah they asked, why did they he says באריכות, but this is the nekudah, why are they matir it with The answer is, when do they do it with a shinui? Only if it's צורך סעודה. Here when it's not צורך סעודה, שינוי wouldn't help, but l'poal, why are you allowed to? Because of איסור סקילה. So because of איסור סקילה you don't even have to do a shinui. Why wouldn't a shinui be better? A shinui is better, but not when we're telling you to do it or allowing you to do it to save you from איסור סקילה. Over there for what purpose are we allowing you? Just for seudah. But here, איסור סקילה, we—it's even without a shinui, to protect you from איסור סקילה. Now the Baal HaMaor obviously doesn't like that pshat, because otherwise why didn't he think of that pshat? So Baal HaMaor would hold bifshitut that this is also no chidush, that because of איסור סקילה to allow you to do it without a shinui is not a chidush. What does the Baal HaMaor's shaila underneath? Whatever the Rif says is no chidush. So what's l'chorah the sevara, the machloket, the Ramban and the Baal HaMaor? So you could say just I'm going to say it in a few words and then we'll go to the next inyan. The shaila is like this: when the Chachamim were מתיר to do it with a shinui, you could look at it two ways. You could say the רבנן אסר רדיית הפת. With a shinui they were מתיר. Or the Rabbanan said you're allowed to do it. You're allowed to do it, but without a shinui you're not allowed. Which one is the yesod and which one is the chidush? Say it, say that again? You could say be'etzem the רבנן אסר רדיית הפת. Then they came and said if you do it with a shinui, it's mutar. Or k'farkert. You could say be'etzem the Rabbanan said with a shinui you could do it. If you don't do a shinui you're not allowed. Chidush the first one. She'eilah is which way. And that could be the machloket between the Ramban and the Baal HaMaor.

Okay, let's just finish with this. Let's go to learn inside. We're going to learn—okay we're going to learn is like this: we're going to learn first the Mechaber. See, in the Mishnah Berurah you have on top you have the Mechaber. Then we're going to learn the Alter Rebbe. And then we're going to go to the Biur Halacha and the Mishnah Berurah. Let's learn the Mechaber. What's this all נגיע to the last piece of Gemara? Last piece of Gemara was the last tirutz of the setirah in the two beraitot. One beraita says if you take your hand out with something in from רשות היחיד to רשות הרבים, one beraita says מותר להחזירו אצלו, you could take it back. One beraita says you're not allowed to take it back. And we had all kinds of answers how to explain there's no setirah between the beraitot. At the end what did the Gemara say, right before the end? That the machloket is—some machloket. כאן בשוגג כאן במזיד. Then we said they're both beshogeg. Machloket is if there's a קנס בשוגג. And then איבעית אימא לעולם לא קנסו. And what's the difference? כאן לחצר אחת כאן לחצר אחרת. To take it back to the original חצר you're allowed. To take it back to another חצר you're not allowed. The Gemara gives the reason why. Because you're finishing off your... because if you're taking it to another חצר, that's your—you're doing what you wanted. And that way the Rabbanan did not want. But if you're taking it back, you obviously didn't accomplish. Let me just, based on what we're going to learn in the Alter Rebbe, just to make clear the Gemara. What happens if you're going to take it back to another חצר but not the one you intended? Well depends. Let's say you're here, there's a חצר on this, another חצר on this side, another חצר on this side. You wanted to take it out, outside to bring it into my right חצר. So we say you're not allowed to do it. It depends. You're only allowed to bring it back here. What happens to bring it to the another חצר but not the one I intended? What about the other one? Still chayav. Still chayav. Yeah maybe you just want it out of your property. Yeah, part of your machshavah was out of your property. There's two things. You want to take it out of your property and put it someplace else. So that taka you will not have done because you wanted it here not there. But one part is done. Okay we'll see that in the Alter Rebbe also. Then there's another שאלה here before we get to this, which Tosafot asks. לכאורה to another chatzer you can't take anyway because it's מושיט. You're not allowed to carry take from רשות היחיד to רשות היחיד if there's a רשות הרבים in the between. So what's this talking about? We said that either it's on the same side or across. Because when aren't you allowed? If it's next to each other with a רשות הרבים in the middle. But if it's across you're allowed. So here it's or it's across or they're together and the רשות הרבים is only in the front. You're sticking out רשות הרבים and you're going to take it out to the another רשות—it's not the גדר of מושיט. Fine. What about if the two רשויות belong to two people, next to each other, but one belongs to me, one belongs to you, and you're not allowed to carry, you need an eiruv, and it doesn't have? So the case will be it has an eiruv. Yeah. Or they're both mine. Two רשויות. The שאלה is here is like this: when the Gemara finished off כאן לחצר אחרת כאן לאותה חצר, are you clear, is it b'shogeg or b'meizid? Is it מבעוד יום or משחשכה, which one is it? The Gemara, so we have to see how we learn the פשט. It's a מחלוקת הראשונים פשט, and this is why I took this because the Biur Halacha here was written by who? Who wrote the Biur Halacha? Big rav, a very big rav. A גדול. The Mishnah Berurah, he wrote both, he wrote one called Mishnah Berurah, one called Biur Halacha. Biur Halacha is more ביאור, more למדות, the Mishnah Berurah is more הלכה למעשה. Who wrote the Mishnah Berurah? Chafetz Chaim, okay. Okay, so the reason I made this because here he explains the shitot. But let's first learn the Mechaber. You have inside, we're going to learn inside. Zagt the Mechaber like this, it's a whole siman, it's one se'if, the whole siman: היה עומד ברשות היחיד והוציא, look it's a והוציא ידו מלאה פירות לרשות הרבים, if a guy was standing ברשות היחיד and he stuck out his hands with stuff into the רשות הרבים בתוך עשרה, and it's within the רשות הרבים the ten within the bottom in רשות הרבים, if it's בשוגג, מותר להחזירו לאותה חצר, so ואסור להושיטה לחצר אחרת. If it's beshogeg, if you took it out beshogeg, you're allowed to take it to back to your own חצר, the first one. In other words, he's learning the pshat that when the Gemara made that end that you're allowed to to your same חצר, you're not allowed to חצר אחרת, is talking beshogeg. ואם במזיד, אסור אפילו להחזירו לאותה חצר. If you took it out bemezid, you can't even take it back to your own חצר. No, obviously he's learning it's behemshech. The she'eilah is, here the chachamim made a worse gezeirah. Since you're bemezid, they made it a bigger knas. Now the she'eilah is, no, that's when they were matir. The case that were matir is, which is beshogeg, is only if you didn't complete your intentions. But bemezid, you don't need a biur. Bemezid it's asur always, and you don't need a biur why. Why is it asur? Because you did it bemezid. Beshogeg, now the case beshogeg where you were matir, when were we matir? As long as you didn't do your your intention. No, but he did it bemezid, he knew. No, even if you don't complete your da'at it's asur. By mezid it's asur anyway without completing your da'at. This is only a reason for heter. Where the chachamim wanted to be matir, they gave this reason. By mezid, you don't need a reason. You did it b'mezid, what did the chachamim do? Made a knas, you're not allowed to. You did it b'shogeg, that's the hemshech of the Gemara: כאן בשוגג כאן במזיד and אי בעית אימא both b'shogeg, and if b'shogeg gufa the last teretz is, if b'shogeg gufa there's a chiluk between אותה חצר and חצר אחרת. But if it's b'mezid, you can't. ויש אומרים דהני מילי כשהוציא מבעוד יום, when we said b'mezid you cannot take it back, even back, it's only if you took it out מבעוד יום. Why? Because then if we'll force you to keep it out, you will never come to an איסור דאורייתא, you'll never be חייב חטאת. אבל אם הוציאה משחשכה, if you took it out at night, מותר להחזירה, you're allowed to take it back, שמא ישליכנה מידו because if you're not going to take it back and leave it out and you took it out at night, you might drop it ויבא לידי חיוב חטאת, you might come to a חטאת. So it comes out like this, that this whole thing here is it's it's there's a few things here. One is that the last teretz is only b'shogeg, not b'mezid, b'mezid you're not allowed no matter. In במזיד גופא that you say you're not allowed, there's two shitos. Note the yesh omrim, the first shita before the yesh omrim comes out what? The yesh omrim says only מבעוד יום במזיד you can't take it back, what does the first shita hold? That in both cases, whether it's מבעוד יום or משחשכה, what's the din? You're not allowed to take it back, it's asur. The first one says if it's if it's b'mezid, you cannot take it back even to your own original chatzer, finished. Yesh omrim that only mibe'od yom you can you have to keep it, but if it's misheshachah, you should be able to take it back, shema because we're afraid you'll drop it, יבוא לידי חיוב חטאת. And what the Gemara said before we're afraid of that remains even למסקנה, יש אומרים. The first shitah not. What's usually the difference, what do we pasken when the Mechaber brings two דעות, the first and then yesh omrim? We pasken like... Second. Second? No, you guessed or you just... Nah, I'm thinking... Baruch Hashem you didn't answer. The כלל is it's always halachah like the first. That's the עיקר שיטה. That's the עיקר שיטה. You told me... Okay. You're poking me the whole time. Then he adds, במה דברים אמורים, this all is כששילח לרשות הרבים, if you took it out to the reshut... אבל הוציאו לכרמלית, if you stuck your hand out into a כרמלית, בכל גוונא מותר להחזירו, there's no gezeirah. Why? Because it's a gezeirah legezeirah. Because the whole karmelit is a gezeirah d'rabbanan. You can't tell you a new gezeirah here that even you can't take it back, gezeirah legezeirah, so karmelit. This is the Mechaber.

Let's turn to the Alter Rebbe. The Alter Rebbe goes into, you see, one se'if in the Mechaber becomes three se'ifim in the Alter Rebbe. היה עומד ברשות היחיד והוציא ידו מלאה פירות לרשות הרבים, בתוך עשרה, ואפילו לכרמלית. As if you take it out and you took it out afilu into a karmelit. Remember, אפילו הכי, אסור להחזירו, you cannot take it back, אפילו למעלה, אפילו דרך למעלה מיו״ד. You can't take it back even, the Alter Rebbe adds, even if you're gonna pick it up למעלה מיו״ד, עד למוצאי שבת, till Motzaei Shabbat. שקנסו חכמים, the Chachamim made a קנס, להיות ידו תלויה כך עד למוצאי שבת, they made you hold your hand like this till Motzaei Shabbat, why? על שעבר על דבריהם, because you were עובר on the דין דרבנן. What aveirah did he do? ועשה עקירה מרשות היחיד לרשות הרבים או לכרמלית. You took it out from רשות היחיד to רשות הרבים, or into כרמלית, you did an עבירה דרבנן, the רבנן keep it out. הא? Didn't Tosafot say that it would be impossible for someone to... That's the first teirutz, the second teirutz it is possible, with a different teirutz. במה דברים אמורים, then the Alter Rebbe continues, when is this din that you cannot take it back? כשעשה כן במזיד. He did it b'mezid, like the Mechaber says. אבל בשוגג, לא קנסו חכמים. B'shogeg the Chachamim did not make a kenas. ומותר להחזירו לאותה חצר. You could bring it back, but only to that חצר שהוא עומד בו, אבל אסור להושיטו לחצר אחרת. You can't bring it to another chatzer, even if there is no עבירה, אפילו שתיהם שלו שאין צריך עירוב, they're both his and it's not an עירוב, ואפילו באין יש עמהם משום מושיט מרשות היחיד לרשות היחיד דרך רשות הרבים, there's no din of מושיט, כגון, he takes Tosafot's examples, חצרות זו כנגד זו where the two רשות היחיד are across the רשות הרבים, ורוחב רשות הרבים מפסיק ביניהם, and the width of the רשות הרבים is in between, או אפילו הם בדיוטא אחת, or even if they're next to each other, אלא שאין אורך רשות הרבים מפסיק ביניהם כלל, the רשות הרבים is not in between, אלא שרשות הרבים מהלך לפניהם ולא ביניהם, the רשות הרבים is in front, not between, and the din of מושיט מרשות היחיד לשם אינו חייב אלא כשרשות הרבים באמצע, only if it's in the middle, כמו שהיה במשכן. So here it's a case where there is no problem of מושיט. Yeah? אף על פי כן, אסרו חכמים כאן, the חכמים said if you did it b'mezid, you are not allowed to bring it back into, not allowed to take it to a different חצר, כדי שלא תתקיים מחשבתו. To a different חצר you can't, your מחשבה shouldn't be, שנתכוון, and the Alter Rebbe taytisht it always, what, ha? B'shogeg. No, no. No, he said... Oh, yeah, right, right, okay. B'shogeg is only asur to another חצר, but not to the same חצר. Why is it asur to another חצר? He says, why is it asur to another חצר? כדי שלא תתקיים מחשבתו. To another חצר if you're gonna do it, your מחשבה will have been done. What's your מחשבה? He taytisht, no, מחשבה is not to put in another place, because what happened was, שנתכוון לפנות את הפירות מחצר זו. He wanted to get it out from here. שאם נתיר לו להושיט לחצר אחרת, if we will allow him to take it even to another חצר, הרי נתקיימה מחשבתו. Then ויש לגזור, וממילא you make a גזירה, שמא פעם אחרת ישליך לרשות הרבים, maybe another time he'll throw it in רשות הרבים. אבל כשמחזירו לאותה חצר, if you take it back to the חצר, כיוון שלא נתקיימה מחשבתו, since your מחשבה wasn't done, אין לגזור בזה כלל, nothing. Then he adds, במה דברים אמורים, כשזה ברשות הרבים, אבל אם הוציאו לכרמלית, it's all b'shogeg. See, b'mezid he started off by saying even if you take it to a כרמלית, it's all asur. But b'shogeg, where it's asur were... we bring it to another חצר... to bring it לחצר אחרת. It's not, מותר להושיטו אפילו לחצר אחרת, because by כרמלית לא גזרו גזירה זו. First comes and says even another... That's when he says in the beginning, afilu l'karmelit, that's b'mezid. That's why he starts off במה דברים אמורים במזיד. So what comes out from the Alter Rebbe here like this clearly: If you do it b'mezid, if you take it out to, even if you take it out to karmelit, certainly to reshut harabim, you can't take it back, not to a חצר אחרת, not to you, not to אותה חצר. When do we make a חילוק בין חצר אחרת לאותה חצר? Only if it's b'shogeg. So when the Gemara says here, כאן לאותה חצר כאן לחצר אחרת, is talking בהמשך בשוגג, but if it's done b'mezid, can't. Now, did the Alter Rebbe mention anything about mib'od yom or m'shechachah? The Alter Rebbe did not bring the יש אומרים of the מחבר, right? The מחבר said that יש אומרים, when is it b'mezid that you're not allowed to take it back at all, or no no, not at all, when is it that b'shogeg, when is it that b'shogeg you're not allowed to you are allowed is not allowed to take back is only mib'od yom, but if you took it out m'shechachah, you're allowed to take it back. Even the Alter Rebbe holds m'shechachah? No. One second, that's the יש אומרים of the מחבר again. When the מחבר says that you're not allowed to, if you did it b'mezid, asur, afilu you can't do anything, the מחבר adds that there's a יש אומרים that when can't you do anything, not even לאותה חצר? Only if you did it mib'od yom, but if you did it m'shechachah, you have a different problem, you might drop it and be עובר איסור דאורייתא, and so and therefore you could take it back, but the first שיטה holds that you can't, that you can't even b'mezid. Even m'shechachah, I mean. The Alter Rebbe did not bring the יש אומרים, why? Obviously doesn't hold like that, right, based on what we said before that when there is a two דעות in the מחבר, the ikar is the first דעה, and the truth is sometimes the Alter Rebbe brings both דעות, and then he would say והעיקר כסברא ראשונה. Here he holds like the first דעה so much so he doesn't even bring a second דעה בכלל. Okay. This is the Alter Rebbe.

Let's learn the Biur Halacha first, then we'll go to Mishnah Berurah. להושיט לחצר אחרת, so he adds the words that the Alter Rebbe said: ואפילו אם אותה חצר הוא שלו, even if the second one is his, that means you don't need an eruv and there's no איסור, או שערבו יחד, or they made an eruv together, so even then you're not allowed to take back, because it's not a problem of of of the issur of taking to the other chatzer, it's the issur of a din of a קנס. Who is the מראה מקום to this? אחרונים. What's the problem there? There's no problem, punkt farkert, he's saying if this would be true, if there would be a problem because there is no eruv, you can't take it back anyway without this din! Here we're saying even if מצד the din of eruv there is no problem, still can't take it back, still can't take it back because you took it out b'mezid. But you can't take it back, or even b'shogeg, לחצר אחרת you can't do even if the לחצר אחרת there is no איסור בעצם. But if there's an eruv, what's what's You took it out to רשות הרבים! He's asking a שאלה: if there's an eruv, what could you do? You could lechatchilah take it. All right, if you take it this way, you have a רשות היחיד next to רשות היחיד, and there's an eruv, you could take it there. You took it out to רשות הרבים, you wanted to take it into that רשות through the רשות הרבים, why did you go through רשות הרבים? Why didn't you take it direct? This is not the בדיוטא אחת למאן דאמר? Right, no, saying it's there is no, but why why, nu, tell me. Lichorah, if you wanted to take, if we're saying you wanted to take it to that chatzer, why didn't you take it L'chatchilah directly? Cuz you're going through רשות הרבים. He didn't really want to take it to that חצר. No, he really wanted, why not? I don't know, he couldn't! The wall was too hard, it was this the the the there was a wall that it blocked, I don't know why, s'iz nisht noge. How, what was the case? How could he stick out his hand and like throw it in? You could. Maybe he could, I don't know, you're asking a kashya on a מעשה שהיה? Sure you could. Okay. Then he says, ועיין באחרונים דלאו דווקא הושיטה. It doesn't mean דווקא he's gonna take it with his hand, because יש בזה לפעמים איסור דאורייתא. In other words, if you if you hand it over you got to be careful, because it could be איסור דאורייתא, כגון בדיוטא אחת, if it's right next to each other. And even then if you throw it, it's אסור. Even if, in other words he wants to say בדיוטא אחת not only מושיט is אסור, even throwing is אסור. Why do they use a לשון of בדיוטא אחת? They should have just used two different places. No, no, because the איסור is only בדיוטא אחת. איסור דאורייתא. They are next to each other, but there's But next to each other, but there's רשות הרבים in between. Oh. Okay, let's go to the next piece of ויש אומרים. Now the second יש אומרים the יש אומרים of the מחבר, that When is it, the הני מילי, when is it that if you did it בשוגג, you cannot take it לחצר אחרת and you must leave it hanging? Or במזיד אפילו and you took it out whichever way? כשיוצא מבעוד יום, but if it's at night, you got a problem because you might drop it. הנה דעה ראשונה כדעת רש\"י. Where does Rashi say it? Because according to Rashi, it goes בהמשך to the Gemara before. הני מילי בשוגג, גמרא סלקא במזיד, then we say שניהם איבעית אימא הא והא בשוגג. And then the Gemara says, and the מחלוקת if קנסו, and then we say, you know what, maybe everyone holds לעולם לא קנסו, but לחצר אחרת לא, so it goes all בהמשך to בשוגג. So it comes out that Rashi holds that when did they say that you could only take it back לאותה חצר, not לחצר אחרת, if it's מבעוד יום, but if it's b'mezid, if it's, if it's משחשכה... מבעוד יום you can't. Oh here we're saying, oh because, no, what I, and you're right, what I said now was not for this piece. What we're saying now is that Rashi he holds that it's only כשיוצא מבעוד יום, that oh, here, in the Gemara it says before, מבעוד יום here. אבל היכא דנפיק משחשכה הרי נתנה להחזיר נמצא מחייב חטאת אם שגג הדבר כי האי גוונא לא קנסו שאילו לא ניתנה להחזיר היה מחלל שבת דאורייתא. And what does Rashi say vayter? ודביבי לא תפשוט מהכא לא לאיסור ולא להיתר. דהא לא קנסו בשוגג דאגב דמשחשכה שוב לא עביד. Oh, no, the second, I'm reading it all the way down. ולאיסור נמי לא תפשוט מדי קנסו במזיד. דהתם ליכא למיחש דילמא שדייה שיתחייב מיתת בית דין. See, what Rashi says here, the last line here, Rashi says that there is no chashash you might drop it, why? משום מבעוד יום. ינח במקום אחר. What did Rashi say? Why don't we compare רדיית הפת to this? כי היכא דהכא. מה אמרת? דהתם ליכא למיחש דילמא שדייה. You're going to be... it doesn't have an option because it's מיתת בית דין. No, because לאו דווקא you'll drop it. Right, I'm saying by רדיית הפת it's not. Right, by רדיית הפת there's no option. So it comes out according to Rashi that even if you... if it's משחשכה, we don't take in consideration the problem that you might do an איסור דאורייתא. Right. So this first shita here that says that even משחשכה you're not allowed to take it back, even משחשכה. Why not? Ah, you might drop it and be עובר אן איסור. Rashi says that's not really, not really true, why? Because we're not chosheish for this, Rashi said. So let's go vayter in the Beur Halacha. דעה ראשונה that even משחשכה we say you're not allowed to take it back is דעת רש\"י. ובהב\"י הביא בשם Ran שדעת Rif גם כן כדעת Rashi. He says that the ריט doesn't say anything, the Rif holds like Rashi. That even... what's like Rashi? That משחשכה... does it matter? Could you take it back or not? You can't. וממילא דברי הרמבום שסתם כדבריו and therefore the Rambam also doesn't say anything and he says like the Rif. גם כן כדברי הרי\"ף. וממילא יתפרש נמי since he said it like the Rif, so the pshat is like the רי\"ף, וממילא it comes out כדעת רש\"י. So who holds that even משחשכה you can't take it back? Rashi, Rif, Rambam, and Rif. ולא כהרא\"ש, not like the הרא\"ש מצדד לומר he tries to say the הרי\"ף יסבור כדעת תוספות. That the Rif will not hold like Rashi or like Tosafos. So mimeila, so we have here the pshat in the Rif, Rif, Rambam, Rashi. ולכן סתם בשולחן ערוך דעה ראשונה בסתמא. Therefore the first דעה holds stam. Stam, what does stam mean? Doesn't matter. That we're not being מחלק between משחשכה and מבעוד יום and therefore even משחשכה you'd still can't take it back. Right. ובאמת מוכרח גם בחידושי הרשב״א, we see from the רשב״א שמפרש דעת הרמב״ם כמו שהביא הבית יוסף. The Rashba also comes out that he says pshat in the in in the Rambam like the Beis Yosef understood, which is like what did the Beis Yosef say pshat? That the Rif and the Rambam hold like Tosafos. Like Rashi! Right in the beginning he said. It's דעת רש״י and the Beis Yosef says בשם הר״ן that דעת הרי״ף is also like דעת Rashi. And the Rambam the same way. So he says now I see from the Rashba the same thing. וגם דעת המאירי כדעה ראשונה, that דעת Meiri is also like the first דעה. The Rosh says that they hold like Tosafos. The Rosh said they hold like Tosafos. So mimela who is the first דעה? So many שיטות! Halacha is like Rashi. That's the עיקר. מכל מקום דעת היש אומרים ג״כ דעת הרבה ראשונים. It's not a pshat that it's not. כמו שכתבו, who writes? What's the word? B'Eliyahu Rabbah. What is that? It's Eliyahu Rabbah. Now he asks a shaila: ויש לעיין לדעה ראשונה, we have to look into this, nu? The דעה ראשונה, the first דעה, they have to have a has a shaila here: אם הוציאם מבעוד יום במזיד, if he took it out מבעוד יום במזיד, אם קנסינן ליה שלא יחזירנו. Because the way it's put here, we're speaking about, see, if he took it out במזיד, what did we say here? He says you can't take it back, right, it doesn't say. Then when you took it out according to בשוגג, בשוגג, nu? בשוגג, oh if you have the intentions to put in which רשות. If you took it out במזיד, you can't take it back at all. If you took it out בשוגג, then you could take it back to yourself, not לחצר אחרת. On this you have the דעה that says no, the first דעה, no difference במזיד and בשוגג. No difference No difference between no מבעוד יום and משחשכה, right? The second דעה says, in the case of בשוגג where you said you cannot take it לחצר אחרת, so we're saying the second דעה holds it's only מבעוד יום not משחשכה, the first דעה holds both, right? What about במזיד, where you can't take it is it also will we be מחלק, would the first דעה not make a חילוק מבעוד יום בשוגג and משחשכה? Huh? Yeah, why not? We said in any case whatever it was. Yeah, why not? So he says you can say like this: לדעה ראשונה, אם הוציאם מבעוד יום במזיד, מבעוד יום במזיד, אם קנסינן ליה שלא יחזירנו, do we say also don't take it back according to the first דעה? דלכאורה מסתבר למימר דלדידהו, according to them it makes sense, גם למסקנת הסוגיא, even according to the end when we make this חילוק, לא קנסו כן כשהוציא במזיד משחשכה. When do we say במזיד you make a קנס, maybe it's only at night, דעבד איסורא בתחילת פעולתו, because he did an issur. He started off with an issur. וכמו שמחלק הסוגיא בתחילה, like the Gemara says lechatchila in the beginning of the Gemara, right? He's מחלק בין מבעוד יום לחשכה. So mimaila it's possible that the whole thing that we say למסקנא, the way we're learning now, is the whole chiluk between בשוגג, the whole חילוק בין לחצר אחרת לחוזר בשוגג. במזיד is left like before. What would be left like before? That there's a chiluk between משחשכה and מבעוד יום. מבעוד יום, since you did not do an issur, you should be able to take it back. משחשכה, not. אמנם Ran כתב לדעת Rashi, the Ran writes according to Rashi, which is the first דעה ראשונה, דאין חילוק מבעוד יום למשחשכה. That when למסקנא למסקנא if you do there's no difference מבעוד יום משחשכה, if you do it במזיד, you can't take back, even if you did it מבעוד יום. וכן מוכח מעבודת הקודש להרשב״א אליבא דדעת רש״י. It's משמע from the Sefer Avodat HaKodesh that the רשב״א wrote according to רש״י. וכן משמע קצת מהגר״א. Even though you might come to איסור סקילה. והטעם נראה, why taka? Lichorah if you if you did it מבעוד יום, לכאורה if you did it מבעוד יום, you didn't do an issur, right? You didn't start off with an issur, so why did they make it such a knas? Huh? He did an issur. According to the first דעה בשוגג מבעוד יום, בשוגג מבעוד יום he also didn't do an issur, right, and nevertheless they according to the first shita According to the first one shogeg you're always allowed. Only the second one is According to the first shita b'shogeg, you're allowed to bring it back, it doesn't make a difference, but not to לחצר אחרת, right. So we'll see what the sevara is. והתם נראה the sevara also, דבתחילת הסוגיא איירי דוקא אין שוגג. Beginning taka the Gemara talks by שוגג, אבל במזיד אפילו מבעוד יום אסור. In the beginning of the sugya, it's only only by shogeg. When we're making a chiluk between מבעוד יום and משחשכה in the beginning of the Gemara, it's only by שוגג, אבל במזיד אפילו מבעוד יום אסור. Why? In other In other words, the whole re'aya was because at the beginning of the Gemara, we're mechalek. So he says that chiluk between מבעוד יום and משחשכה is only by shogeg, not by mezid. Why? I don't see Also b-Meiri מצאתי שדייק מדבריו, וזה לשונו: אם הוציא מבעוד יום, אף במזיד מותר להחזירה אצלו. אין מזיד שמבעוד יום חמור משוגג דשבת. מזיד מבעוד יום is not worse than שוגג בשבת. רוצה לומר, הואיל לפי המסקנא מיקל הגמרא בשוגג, since the גמרא ends בשוגג, אף במשחשכה, ראוי שיקל מבעוד יום אף במזיד. Lechatchilah you didn't do an issur, because you did it מבעוד יום. I'm I'm sorry. It's going to mekel the גמרא בשוגג אף במשחשכה. If בשוגג the Gemara is מקל במשחשכה, ראוי שיקל מבעוד יום אף במזיד. So we should be מקל מבעוד יום במזיד. Because you really didn't do an issur. So he says that in the Gemara it comes out that even מבעוד יום is called an issur. See, the hava amina of the Gemara was not, but the מבעוד יום the Gemara like במזיד, אבל במזיד אפילו מבעוד יום אסור. To take it out מבעוד יום is also assur, אפילו במזיד is assur, אפילו מבעוד יום. But it's still it's still still less than a שוגג בשבת. Why? But he says no. Why is a שוגג more on Shabbos...? Why is a שוגג more on Shabbos than a מזיד...? But he says from the Meiri is משמע not like that. The Meiri says that if a שוגג משחשכה is שוגג משחשכה already it's worse. It should be worse than מבעוד יום. So he says it is! Right. So מבעוד יום should be mekel, because מבעוד יום is always less than משחשכה. Because But I'm saying why be שוגג on Why is בשוגג anymore than Why is it more? They're both nothing. No, he says it is assur. No, the Meiri it comes out that it is אסור מבעוד יום if you obviously if you can't plan to keep it in at night. You took it out מבעוד יום, you plan to keep it in at night. So So it's אסור מדרבנן. בשוגג, okay. So it comes out here that the Biur Halacha says a sevara that maybe במזיד if you did it מבעוד יום, you shouldn't you should be able to take it back. Right. And he says the Meiri seems to be saying that. But he brings from the Rashba that it's not like that. Right. And the Ran and the Rashba, אין חילוק מבעוד יום למשחשכה. That's that's the Tosafot. כן מוכרח ממעשה דקידוש להרשב״א. No, according to the first shittah, according to according to Rashi. According to Rashi. The she'eilah was according to Rashi. Oh. Who does make a difference between Who doesn't make a difference if you make it משחשכה it does make a difference here before. משחשכה, מבעוד יום, by which case? By shogeg. By shogeg. But by mezid, by mezid, it's also, he says, not. Because both And even if you do it מבעוד יום, they also they also are not allowed to. We have to learn the Mishnah Berurah still. I want to learn