תלמוד על שבת 23:3

“Not in sand.” There, we have stated:²³Mishnah 23:5, detailing what may be done for the corpse of a person who dies on the Sabbath. The statement implies that sand is a coolant; then why is is forbidden for stowing away? “One puts it on sand in order to wait.” This sand heats the hot and cools the cold²⁴In the Babli, Bava Batra 19a, this is said of rocks.. Straw is like the holder of a deposit; what you give it it gives to you.

HALAKHAH: What⁵³This paragraph and the next appear (with minor changes in the order of subjects) in Ma‘aser Šeni 3:1 (fol. 54a), Šabbat 1:6 (fol. 3c), Avodah Zarah 2:9 (fol. 41d). In the Babli (Avodah Zarah 62a/b), all prohibitions are explained as fines. is the difference between him who says “collect for me” and him who says “for its value collect for me”? Rebbi Yose in the name of Rebbi Yose ben Ḥanina, this is one of the practices of obfuscation⁵⁴Compare Arabic ע̇מע̇ם, Hebrew גמגם “to mutter, to stutter”. While the reason was explained in Note 51, the difference in practice is purely semantic and one should not permit an action whose intent is to circumvent the law. The answer is that as a practical necessity, the rabbis found a way to legitimize popular behavior by obscuring the strict interpretation of the law.. There, we have stated⁵⁵Mishnah Ma‘aser Šeni 3:1. It is forbidden to pay one’s debt with Second Tithe. Therefore one has to formulate a transportation contract in such a way as to give to the transporter a claim to part of the food before the start of the contract.: “One should not say to another person, bring these fruits to Jerusalem to distribute, but he should say: bring them that we should eat and drink them there.” What is the difference between him who says “to distribute” and him who says “bring them that we should eat and drink them in Jerusalem?” Rebbi Zeïra in the name of Rebbi Jonathan, this is one of the practices of obfuscation. There, we have stated⁵⁶Mishnah Šabbat 23:1. It is forbidden to make commercial transactions on the Sabbath. Exchanges between neighbors are permitted but any mention of monetary values is forbidden. {There is no Yerushalmi extant for the last four chapters of Šabbat. In the Babli (Šabbat 148a) this is not one of the obscure practices; the mention of monetary values is forbidden as rabbinic ordinance to avoid any temptation to write things down. It seems that the Babli considers even monetary transactions between neighbors as friendly exchanges, permitted under biblical law.}: “A person may borrow from another pitchers of wine or oil but he should not say: lend me.” What is the difference between him who says “let me borrow” and him who says “lend me”? Rebbi Zeïra in the name of Rebbi Jonathan, this is one of the practices of obfuscation.

“If they are intelligent¹⁰If they understand that the fire victim really did not want to donate his food to them, they either may in return give back the food to him or pay him something for the food which they took. they settle accounts with him after the Sabbath..” There we have stated¹⁰³Mishnah 23:1, speaking of a person who borrows from another on the Sabbath when he has no credit with the lender., “he leaves his toga with him and settles his account after the Sabbath.” There you say, he has his pledge with him; here what do you have? Rebbi Abba Mari said, because of this we taught, “if they were intelligent”¹⁰⁴Since the original owner only has a moral, not a legal claim to the food which was taken by others..