Parallel
שבת 107:1
Soncino English Talmud · Berean Standard Bible
GEMARA. R. Abba said in R. Hiyya b. Ashi's name in Rab's name: If a bird creeps under the skirts [of one's garments], he may sit and guard it until evening. R. Nahman b. Isaac objected: IF THE FIRST SITS DOWN IN THE DOORWAY AND FILLS IT, AND A SECOND COMES AND SITS DOWN AT HIS SIDE, EVEN IF THE FIRST [THEN] RISES AND DEPARTS, THE FIRST IS CULPABLE WHILE THE SECOND IS EXEMPT. Surely that means, he IS EXEMPT, yet it is forbidden? — No: he is exempt, bind it is permitted. Reason too supports this: since the second clause teaches, WHAT DOES THIS RESEMBLE? ONE WHO SHUTS HIS HOUSE TO GUARD IT, AND A DEER IS [THEREBY] FOUND TO BE GUARDED THEREIN, it follows that it means, he is EXEMPT, and it is permitted. Others state, R. Nahman b. Isaac said: We too learnt thus: EVEN IF THE FIRST [THEN] RISES AND DEPARTS, THE FIRST IS CULPABLE, WHILE THE SECOND IS EXEMPT: surely that means, he IS EXEMPT, and it is permitted? No: he is EXEMPT, yet it is forbidden. But since the second clause states, WHAT DOES THIS RESEMBLE? ONE WHO SHUTS HIS HOUSE TO GUARD IT, AND A DEER IS [THEREBY] FOUND TO BE GUARDED THEREIN, it follows that he is EXEMPT, and it is permitted. This proves it. Samuel said: Everything [taught as] involving no liability on the Sabbath involves [indeed] no liability, yet is forbidden, save these three, which involve no liability and are permitted. This [sc. the capture of a deer] is one. And how do you know that he is exempt and it is permitted? Because the second clause teaches: WHAT DOES THIS RESEMBLE? ONE WHO SHUTS HIS HOUSE TO GUARD IT, AND A DEER IS THEREBY FOUND TO BE GUARDED THEREIN. A second [is this]: If one manipulates an abscess on the Sabbath, if in order to make an opening for it, he is liable; if in order to draw the matter out of it, he is exempt. And how do you know that he is exempt and it is permitted? Because we learnt: A small needle [may be moved on the Sabbath] for the purpose of extracting a thorn. And the third: If one catches a snake on the Sabbath: if he is engaged therewith [sc. in catching it] so that it should not bite him, he is exempt; if for a remedy, he is liable. And how do you know that he is exempt and it is permitted? — Because we learnt: A dish may be inverted over a lamp, that the beams should not catch [fire], or over an infant's excrements, or over a scorpion, that it should not bite. MISHNAH. AS FOR THE EIGHT REPTILES [SHERAZIM] WHICH ARE MENTIONED IN THE TORAH, HE WHO CATCHES OR WOUNDS THEM [ON THE SABBATH] IS CULPABLE; BUT [AS FOR] OTHER ABOMINATIONS AND CREEPING THINGS, HE WHO WOUNDS THEM IS EXEMPT; HE WHO CATCHES THEM, BECAUSE HE NEEDS THEM, HE IS LIABLE; IF HE DOES NOT NEED THEM, HE IS EXEMPT, AS FOR A BEAST OR BIRD IN ONE'S PRIVATE DOMAIN, HE WHO CATCHES IT IS EXEMPT; HE WHO WOUNDS IT IS CULPABLE. GEMARA. Since he [the Tanna] teaches, HE WHO WOUNDS THEM IS CULPABLE, it follows that they have skin. Which Tanna [maintains this]? — Said Samuel, It is R. Johanan b. Nuri. For we learnt, R. Johanan b. Nuri said: The eight reptiles have skins. Rabbah son of R. Huna said in Rab's name, You may even say [that this agrees with] the Rabbis: the Rabbis disagree with R. Johanan b. Nuri only in respect of defilement, because it is written, And these are they which are unclean unto you, extending [the law to teach] that their skins are as their flesh; but in respect to the Sabbath even the Rabbis agree. But do they not differ in respect of the Sabbath? Surely it was taught: He who catches one of the eight reptiles mentioned in the Torah, [or] he who wounds them, is culpable: this is R. Johanan b. Nuri's view. But the Sages maintain: Only those which the Sages enumerated have skin.
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