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30.12.14

For people in Israel that speak Hebrew I want to write an idea concerning Maimonides and Shabat First in Hebrew and then in English

For people in Israel that speak Hebrew I want to write an idea concerning Maimonides and Shabat

First in Hebrew and then in English for English speaking people whether in Israel or elsewhere.

הרמב''ם כתב שאם בן אדם עשה מלאכה בשבת בשוגג הוא מביא קרבן חטאת. היינו ששכח המלאכה או ששכח את העונש, וזכר את השבת. אם שכח כל השלשים ותשע הוא מביא שלשים ותשעה חטאות. זאת אומרת שהוא פסק כרבי יוחנן ששגגת עונש שמה שגגה. אבל לריש לקיש רק שגגת מלאכה שמה שגגה. בגמרא מדייקים ששגגת כל הל''ט מביא ל''ט חטאות. אבל אם שכח כולן במה הוא זוכר את השבת? לא שואלים את זו על רבי יוחנן בגלל שהוא יכול לומר ששכח את העונש. אבל מה ר''ל יכול לומר? מתרצת הגמרא: בתחומין ואליבא דרבי עקיבה.
אבל זה כנראה אינו עוזר להרמב''ם. הרמב''ם משמע ששכח כולן ועדיין מביא ל''ט. במה זכר את השבת? בנו של הרמב''ם תירץ: יכול להיות שהרמב''ם דיבר רק במצב ששכח את העונש. או שזכר איזו תולדה. החברותא שלי תירץ שאין שום סיבה לומר שהרמב''ם לא יכול לומר גם כן תחומים. רק בגמרא רבי יוחנן לא היה צריך את התרוץ הזה. אבל זה כל שכן: אם זדון שבת ומלאכות ושכחת עונש הוא שגגה, כל שכן שכחת מלאכות זכירת תחום שבת

What I am trying to say here is that if you think about it you can see that the only difference between Rabbi Yochanan and Reish Lakish is if doing a work on purpose is considered an accident of he forgets the punishment. The is the sole and only point of difference. There is no stated argument between them if remembering boundaries is considered remembering Shabat. The only reason the Gemara had to scrounge around for that was because Reish Lakish needed it. But there is no rational or logical reason to think Rabbi Yochanan thinks that that is not called remembering Shabat.
In my opinion this is an amazing insight from my learning partner. Pure genius.

It is not the first time I have seen things like this from him.




1) Maimonides says if one does an act of work by accident on the Sabbath he brings a sin offering. This means if he forgot that it was forbidden or he forgot the punishment, but remembered it is Shabat. And if he forgot all 39 types, then he brings 39 sin offerings.
2) This comes from the Talmud. In the Mishna you have the same idea (Talmud Shabat 69a).
Forgetting Shabat means one sin offering. Forgetting  work means a sin offering for each type of work.
3) R. Yochanan says forgetting the punishment is also called forgetting. To Reish Lakish only forgetting the work itself is called forgetting.
4) So there is no problem to Rabbi Yochanan. He could say forgetting all 39 types of work is liable 39 sin offerings  because he forgot the punishment.
But to Reish Lakish how can we explain the Mishna? If he forgot all 39, then in what way is he remembering Shabat? In boundaries according to Rabbi Akiva. (R. Akiva holds the 12 mile boundary is from the Torah. )
5) But this answer for Rabbi Yochanan on the Mishna does not help us for the Rambam.
The Rambam seems to imply even forgetting all 39 completely brings 39 offerings.
6) The son of the Rambam was asked this. He said It could be the Rambam is only referring to the clause where he remembered the work but forgot the punishment.
Or he remembered derivatives of the 39.
7) My learning partner suggested that perhaps the Rambam could answer the same thing as Resih Lakish. The reason is this if Rabbi Yochanan [who the law goes like in all cases against Reish lakish] holds remembering work but forgetting punishment is an accident then all the more so forgetting work and remembering boundaries. There is no reason to believe that Rabbi Yochanan would disagree with Resih Lakish that remembering boundaries is also called remembering.
Clearly no one wanted to go this way because they thought: "If we don't hold by Reish Lakish then how could this answer work?" But if you think into it you will see that my learning partner is right.





8) The Lechem Mishna also deals with this question. He disagrees with the answer of the son of the Rambam, but he gives an answer that to me to be hard to understand. The way it looks to me is he wants to answer that the Rambam is thinking of this as forgetting both Shabat and work. But how could that answer the Rambam is beyond my ability to understand since the Rambam himself says in such a situation he brings only one offering. If anyone in the great wide world has a way of understanding this Lechem Mishna, I would appreciate if you shared your thoughts with me.

9) I have mentioned before that for this reason it is important to have in your home a the set of the Chaim Soloveitchik's book on the Rambam, along with his two students' books [Baruch Ber, Shimon Shkopf, and Eliezer Menachem Shach's Aviezri. These four people brought a revolution to the world and a rigorous painstaking logic to understanding the Rambam. So even if they might not deal with my specific question, they would at least have some ideas that might help us.]
( Shmuel Berenbaum, was also learning along these lines but he never printed anything. They recorded his classes towards the end of his life though. That was at the Mir in NY. He was during his life giving the deepest classes in Talmud, more than anyone in the world except for Rav Shach at Ponovicth in Bnei Brak