Tuesday, April 17, 2007
Mt. suspended by a hair
Mishnah:
The release from vows hover in the air, as they have no Support.
[By Support the Mishnah means the laws are not fully explained in the Torah]
The laws of Shabbat, the Chagigah offerings and Meilah (Using consecrated items for secular purposes) are like Mountains suspended by a hair, for there are few references in the Torah, but there are a lot of laws. Monetary laws, services and laws of Taharah (ritual purity), Tumah(ritual impurity), and illicit sexual relations have support and are the fundamentals of Torah.
[The gemara goes on to give examples of laws that are "like a Mountain suspended by a hair"]
The Torah forbid calculated labor and calculated labor is not written
[The Gemara is saying that the Torah in Exodus 35 prohibits doing labor with the intent to build the Mishkan. The laws are focused on the intent of the action. In some cases the same work performed but with a different intent is not subjected to prohibition. Rashi uses the example of digging a hole. To dig a hole for the intent of building is prohibited, however digging a hole to get dirt is not prohibited]
Rami Bar Chama said: (Meilah) is necessary only for which we learned in the Mishnah. If the Agent executed his agency the Sender is guilty of Meilah. The Agent did not execute his agency, the agent is guilty of Meilah.
[Rami Bar Chama is referring to the Mishnah in Meilah 20a, where someone "the Sender" gave an agent money and asked him to buy a certain item, but didn't realize the money he used was consecrated for Temple use. If the agent did what he was commissioned to do, the sender is liable and not the agent, However If the Agent, didn't make the purchase or bought something he wasn't asked to buy, He (the agent) is liable for Meilah]
Rav Ashi said: (Meilah) is necessary only for which we learned in the Mishnah: He took a stone or a beam from the temple treasury, he is not guilty of Meilah. But if He gave it to his fellow, he is guilty of Meilah and his fellow is not guilty of Meilah
[Rav Ashi is referring to the Mishnah in Meilah 19b which say that since the fellow is receiving the consecrated object it is as if he took the item and is subject paying restitution for the object. See Rabbi's even knew back then... it's all about Intent and possession is 9/10th of the law ;-) ]
- Chagigah 10a/b
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