MISHNAH: He who transports wine jugs from place to place may not transport them in a basket or box [On the holiday one may not transport the way it is done on a working day.] , but he may transport on his shoulder in front of him [In the other sources of this Mishnah: on his shoulder or in front of him. The sentence is not discussed in the Halakhah but it seems that here also this has to be understood.] . He who transports straw may not tie the box and throw it over his shoulder but has to take it into his hand [On the holiday one may not transport the way it is done on a working day.] . One may start from a pile of straw [Straw stored in an orderly way not particularly prepared for the holiday nevertheless always is considered prepared for the holiday, clean straw as animal feed, straw mixed with dirt and pebbles as fuel.] but not from wood in storage [This storage is not the original muqṣeh, the place on the flat roof where cut-up figs are spread out to dry, but a separate storage facility for wood, either building material or object of trade.] .
HALAKHAH: “He who transports wine jugs,” etc. Rebbi Ḥanin bar Levi said, the Mishnah is about these little flasks [A word of unknown etymology. Brüll reads Latin calfar, “wine container”.] of which one carries two or three in a hand. If it is one big one, in front of him it is usual, on the back it is usual [Since the Mishnah prohibits transporting wine jars the way it is done on working days, it seems impossible to transport a large wine receptacle on the holiday. The Babli disagrees, 30a.] . Just as you are saying, he brings it with its hide, similarly he brings it with its jar [Since in Halakhah 3:3 it was stated that one may transport the hide because of the meat left on it, so one may add to the large wine receptacle a small serving pitcher, put both into a basket or chest, and transport them together.] . Just as you are saying, he brings it limb by limb, similarly he brings it vial by vial [Since it was stated in Mishnah 3:3 that one may transport an entire carcass limb by limb, so one is permitted to distribute the wine in the amphora into several small pitchers and transport these. The remark is not trivial since it states that it is better to increase the exertion on the holiday (by repeating the trip many times) than to transport one time in the way it is done on weekdays.] .
Rebbi Yudan asked, may one move straw from a private domain to the public domain [Since on the Sabbath transporting from a private to a public domain is a biblical Sabbath violation, on a holiday only transporting between domains for the purposes of preparing or serving food is permitted. (The Babli disagrees and holds that transporting for any legitimate purpose is permitted.)] ? Is that not the Mishnah, “he who transports straw may not tie the box and throw it over his shoulder”? The Mishnah follows him who says, for all breathing, also animal’s breathing is included [Chapter 1, Note 262. Babli 21a/b.] . What is his problem? Following him who says, animal’s breathing is not included. Also for him who says, animal’s breathing is included, the Mishnah is about transporting as feed. What is his problem? If he transports as fuel [Since we follow the opinion that animal feed is equal to human food on the holiday, the first answer cannot be correct. If straw is transported as fuel for cooking food or feed, is the transporting preparation of food or only preliminary to the preparation of food? If it is transported to sustain an existing fire for warmth, is the fire eventually usable for cooking?] .
Rebbi Jacob bar Aḥa in the name of Rebbi Yasa: It is forbidden to touch dried Muqṣeh [This Muqseh is the original meaning of the word, cut-up figs lying on the roof to ferment and dry. If their status was not checked before the holiday they are not “prepared” and cannot be checked on the holiday.] .
[The text also is in Ma`serot1:7, Notes 192–197 (ע).] Rebbi said to his son Rebbi Simeon, climb up and bring us dried figs from the upper floor. He said to him, is it not forbidden because of muqṣeh? He retorted, are you still holding that? Nothing but figs and grapes can be forbidden because of muqzeh [All other produce in drying becomes edible and permitted. Babli Šabbat45a, a statement of Samuel in the name of R. Simeon.] ! Rebbi Samuel bar Sosartai: Because they stink in between. Rebbi Ze`ira asked before Rebbi Yasa: Is it not reasonable to hold that the case involved split dates [The original story involved figs which as stated become inedible in the process of drying and whose status therefore has to be checked. But unripe (or never ripe) dates which are spread out on the roof to mature and become sweet never pass through a phase during which they are inedible. They would be a prime example for food left to dry which is never muqṣeh.] ? He said to him, that is my opinion also. Rebbi Yose ben Rebbi Abun, Rebbi Isaac bar Bisna in the name of Rebbi Joḥanan: The case involved split dates.
“He said to him, nothing but figs and grapes can be forbidden because of muqṣeh!” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: that is, concerning the Sabbath. But concerning tithes, everything may pass through a stage of muqṣeh. Rebbi Yose said, the Mishnah said so [Mishnah Ma`serot1:8. While dried figs can be used as soon as they are edible again, if he had the intention from the start to store the finished produce in an amphora or a bin, the drying process is irrelevant for tithes since any produce put out to dry is free from tithes until it is brought to its final storage.] : “Dried figs when he presses them and in a bin if he planes with a roller.”
MISHNAH: One does not take wood from a hut [Any hut, not necessarily the sukkah of Tabernacles. A hut is a building and removing logs from it is wrecking it, a biblical violation both on the Sabbath and a holiday.] but only from what is leaning on it [Logs not permanently attached to the hut are not part of it and may be removed if needed.] . One brings wood from the field from what was collected [Logs arranged in orderly heaps are arranged by humans for use by humans and therefore prepared for use on a holiday. Logs strewn around in disorderly fashion on meadows or in forests are not arranged by humans and therefore may not be collected on the holiday.] , but from a corral even what is strewn about. What is a corral [From which wood may be taken even if strewn around.] ? Any close to the village, the words of Rebbi Jehudah. Rebbi Yose says, any into which one enters with a key [Everything in such a space is there for some use and may be used on the holiday without restriction.] , even inside the Sabbath domain [Even if the corral is close to 2’000 cubits from the village and few people would venture so far on a holiday.] .
HALAKHAH: “One does not take wood from a hut [Any hut, not necessarily the sukkah of Tabernacles. A hut is a building and removing logs from it is wrecking it, a biblical violation both on the Sabbath and a holiday.] but only from what is leaning on it [Logs not permanently attached to the hut are not part of it and may be removed if needed.] .” Samuel said, if he did not intend to fortify it [The additional logs were not part of the plan in making the hut. But if e. g. the logs were needed to protect the hut from strong winds they become part of the building although they are not fastened to the walls. Babli 30b.] . But if he intended to fortify it it is forbidden, unless he stipulated about it [Even if the logs are needed to protect the walls, as long as they are not fastened to them they may be removed if they were put in place with the explicit stipulation that they may be removed on the holiday since then they do not become part of the building.] . Therefore if he stipulated it is permitted. Rav Naḥman bar Jacob asked, may a person stipulate to tear down tents [Since tearing down a building is a biblical Sabbath violation and therefore also a biblical holiday desecration; no stipulation should be possible.] ? One said before Samuel, if it was pasted on it [Usually טפול is used for make-up or medicinal applications. Here it must mean that the logs may be removed even if they are lightly glued together or to the wall, if they may be removed without effort. In that case Rav Naḥman has a valid point; the additional statement has to be rejected.] , and Rav Naḥman bar Jacob was wondering about it.
It was stated [Tosephta 3:10, Babli 31a. There the name is R. Simeon ben Eleazar.] : “Rebbi Eleazar ben Rebbi Simeon said, the Houses of Shammai and Hillel did not disagree that one brings wood from the field from what was collected [Logs arranged in orderly heaps are arranged by humans for use by humans and therefore prepared for use on a holiday. Logs strewn around in disorderly fashion on meadows or in forests are not arranged by humans and therefore may not be collected on the holiday.] , but from a corral even what was strewn about. Where did they disagree? About what is strewn about in a field, where the House of Shammai forbid but the House of Hillel permit.
[From here on there exists a Genizah text edited by L. Ginzberg (G, pp. 304–305).] Rebbi Nathan said, The House of Shammai agrees with the House of Hillel that one brings wood from the field from what was collected [Logs arranged in orderly heaps are arranged by humans for use by humans and therefore prepared for use on a holiday. Logs strewn around in disorderly fashion on meadows or in forests are not arranged by humans and therefore may not be collected on the holiday.] , and from a corral what was collected. Where did they disagree? About what is strewn about in a corral, where the House of Shammai forbid but the House of Hillel permit.” Rebbi Yose in the name of Rav Jeremiah, Rebbi Ḥaninah brings it in the name of Rav: practice follows the person who restricts, [including] [Corrector’s addition, confirmed by G.] what was strewn about in a corral [One follows the Mishnah. The Babli 31a disagrees in the name of Rebbi Jeremiah.] . [This parallels Eruvin Chapter 1, Notes 193–194, Chapter 2 Note 93.] The opinion of Rebbi Jehudah seems inverted, as we have stated there [Mishnah Eruvin2:6.] , “[Rebbi Jehudah says] [Corrector’s addition, confirmed by G.] , even if it only contains a cistern, or an irrigation ditch, or a cave, one carries in it..” And here he says so? Rebbi Mana said, Rebbi Jehudah treated it as a house [The cistern or cave is treated as a house and the corral as the house’s yard where carrying is permitted.] .
MISHNAH: One does not split logs [Building materials which are not intended to be used as fire wood and therefore are muqṣeh.] nor a log which broke on the holiday [Since the log was whole and therefore muqṣeh at the start of the holiday, it remains in that state during the holiday even if the reason for it disappears.] . Also one does split neither with a hatchet, nor with a sickle, nor with a plane, but with a dagger. From a room full of produce which was blocked but became accessible one takes from the opening. Rebbi Meïr says, also one freshly makes accessible and takes [He holds that on a holiday one needs food, one may open the storage facility in any way one sees fit.] .
HALAKHAH: “One does not split logs nor a log which broke.” That is, a log which broke on the holiday. But a log which broke on the eve of a holiday is permitted if it cannot be called an implement. But if it can be called an implement even if it broke on the eve of a holiday it is forbidden [Building material which broke before the holiday and cannot be used any more automatically is classified as fuel. Since preparing food on the holiday is permitted, fuel is needed and the broken log is usable on the holiday. But if the broken log still may be used in any way as an implement, it is worth more as an implement than as fuel and may be used as the latter only if it was designated as such before the start of the holiday.] .
It was stated [Tosephta 4:2.] : “Branches of a fig tree and on them figs, broomsticks {from a date palm} [Added from G, not in the Tosephta. Palm branches with open leaves are called “broomsticks” since that is what they always are used for.] and on them dates, which he collected for food, he eats from them on the holiday. If he collected them as wood [Then in his mind the fruits are not food at the start of the holiday and this status cannot change on the holiday.] , he may not eat from them on the holiday.”
Rav said, one heats with implements, one does not heat with broken pieces of implements [Since implements are never muqṣeh (except expensive tools of trade, Mishnah Šabbat17:4–5), they can be used for any purpose on the holiday. Broken pieces usually are muqṣeh. Babli Šabbat124b.] . That is, vessels which broke on the holiday. But vessels which broke on the eve of the holiday are permitted if they cannot be called implements [Same argument as in Note 37.] . But if they can be called implements even if they broke on the holiday they are permitted [As long as the broken piece is still usable in some way, it is an implement and cannot be muqṣeh.] .
Rebbi Ḥiyya stated: One may heat with edibles, but not with their shells or pits [Since food is not muqṣeh it may be used in any way one desires. But shells and pits are waste and have the same status as broken logs.] . Rav was sitting before the Elder Rebbi Ḥiyya and was eating. He was seen throwing into the stove and in front of the stove [The pits and shells of the fruits he ate.] . The Elder Rebbi Ḥiyya said to him, throw in this way [He required that all waste be thrown into the oven.] . He asked him, what is the difference between this way and that way? He said to him, pasha’s son, behind them, behind them [Since food waste is unpleasant it has to be disposed of so it is not seen.] . Rebbi Ḥanina said, he was throwing food [He only sucked the sap of the fruit and disposed of the dry pulp.] . The Babylonian Rebbi Immi [He is R. Immi mentioned elsewhere without the predicate “Babylonian”.] said, he was sick [And therefore could use the fruit only partially what for a healthy person would have been prohibited waste.] . He said to him, in this way it would be forbidden on the holiday [Even if some pulp was left on the fruit, since it could be used neither by the eater nor by any other person its status on the holiday would not be different from shells and pits. The story is an illustration of R. Ḥiyya’s baraita.] .
“Neither with a hatchet.” In the House of Rebbi Yannai they are saying, one splits with a hatchet [Here practice is decided against the Mishnah. In the Babli 31b using a hatchet is only permitted if it is done in an unprofessional way.] . Rebbi Hoshaia stated, one splits with a hatchet. Samuel said, practice follows him who said, one splits with a hatchet. It was stated: Rebbi Yose ben Kipper said in the name of Rebbi Eleazar ben Shamua, the House of Shammai forbid but the House of Hillel permit.
“Nor with a sickle.” There are Tannaim who state that one splits, and [there are Tannaim who state that one does not split. Rav Ḥisda said,] [Corrector’s addition, confirmed by G.] he who said one splits, with a hand-held sickle; he who says one does not split, with a scythe [Any tool which also is used by the non-professional may be used, but not a tool only used by professionals.] .
[This paragraph, the only one in the present series, does not refer to the rules of holidays but to those of a nazir(Nazir6:3 Note 169). One of the obligations of the nazir is to let his hair grow; he is forbidden to tear out a single hair. Therefore it is a question whether he may rub his hair with coarse cloth (in this case Cilician, κιλίκιον). It is permitted only for persons with healthy hair.] There are Tannaim who state that one separates with Cilician cloth, and there are Tannaim who state that one does not separate. Rav Ḥisda said, he who said one separates, for healthy {hair}; he who said one does not separate, for weak {hair}.
There are Tannaim who state that one rubs aromatic wood [Aromatic wood is not food; therefore it may not be processed on a holiday. But if it is possible to produce perfume simply by rubbing aromatic wood in one’s hand without applying pressure, it is permitted. Babli 33b.] ; there are Tannaim who state that one does not rub. He who said one rubs, moist ones; he who said one does not rub, dry ones.
There are Tannaim who state that one sweetens mustard seed on glowing coals; there are Tannaim who state that one does not sweeten. He who said one sweetens, if he puts it on the coals; he who said one does not sweeten, if he puts the coals on it [A similar statement is in the Babli Šabbat134a but the explanation given there should not be applied to the statement here. It seems that putting coals on mustard seed will extinguish the coals while burning the mustard seed, not sweetening it.] .
There are Tannaim who state that one rubs silver with chalk [This is the modern interpretation starting with Musaphia (Greek κρητυκόν). The Geonic interpretation is “potash”.] ; there are Tannaim who state that one does not rub. He who said one rubs, if he puts it on before the start of the holiday; he who said one does not rub, if he puts it on during the holiday.
“Rebbi Meïr says, also one freshly makes accessible and takes [He holds that on a holiday one needs food, one may open the storage facility in any way one sees fit.] .” Rebbi Abba, Rav Jehudah in the name of Samuel: But only at the place of access [Still one is obligated to minimize the amount of work expended for providing the food.] . And so it was stated [Tosephta 3:12; Yerushalmi 5:2, Šabbat 15 (Note 22), 20 (Note 66), Megillah1:8. Babli 31b.] “The Sages agree with Rebbi Meïr about cachets in the ground that one pushes aside, and removes, and unties, and cuts. On the Sabbath one pushes aside but one does not remove nor untie nor cut [If produce is stored in the ground and the door tied by a rope, the knot (“cachet”) is not permanent since produce is stored to be used eventually. If on a holiday one needs food, one may open the storage facility in any way one sees fit. In a similar case on the Sabbath one may push the rope to open a cleft through which one can take out some produce but rabbinically one may not otherwise remove the knot even though it is not permanent and removing it from an installation in the ground is not building or tearing down by biblical standards.] . For implements on the Sabbath it is permitted [Since the notions of building and tearing down buildings does not apply to implements by biblical standards, there is no place for rabbinic restrictions.] ; it is not necessary to mention on a holiday.”
MISHNAH: One does not open the candle [This candle is a clay vessel to be put on the top of a candelabrum. It consists of a container for oil and a neck through which the wick is drawn to burn at a safe distance from the oil. If it is new and the opening for the wick is not excavated it cannot be made to work on the holiday since this would be “hitting with hammer”, the formal end of a production process, and therefore a biblical violation both on the holiday and the Sabbath (Mishnah Šabbat7:4). Since making fire is necessary to prepare food and therefore permitted, for the House of Hillel it is permitted on the holiday for any legitimate reason.] because he would make it a vessel nor does one make charcoal [Not even for use on the same day (Tosephta 3:14) since preparation of fuel is not included in the permission to use fuel.] , and one does not cut a wick into two. Rebbi Jehudah says, one may cut it in the fire for two candles [As explained in the Halakhah one may take a long wick, put each end into such a candle and light then in the middle. Then this one action creates two separate burning candles.] .
HALAKHAH: It was stated: Closed pans [Greek λοπάς “pan, plate”.] , if he made them before the holiday he may not open them on the holiday since he would be like one who makes a vessel usable on the holiday [The pan is a flat vessel made of clay. It is made together with its cover. It is not fired in a kiln but it is expected to become a permanent vessel by being used over the fire in the kitchen. Before it is used it is completely closed, the cover being connected to the pan by a very thin strip of clay which can be easily cut with a kitchen knife. For this Tanna, cutting the strip is a prime example of “hitting with hammer” and forbidden both on the holiday and on the Sabbath. In the slightly differently worded Tosephta 3:13 (and Tosephta Šabbat, ed. Liebermann 16:13, in Liebermann’s opinion referring only to holiday) it is reported that Rabban Simeon ben Gamliel permits to separate the cover from the pan. R. Ḥananel (Besah32a, 5 lines from bottom) and Sefer Ha`iṭtur(vol. 2, fol. 150a) read this also in the Yerushalmi text. The statement must have fallen out of our text by scribal error since in the next paragraph a minority opinion in this baraita is mentioned, referring to Rabban Simeon ben Gamliel’s opinion, who holds that the pan with its cover form a completed vessel and the separation of cover from pan is to be compared to opening a tightly closed door (explanation of S. Liebermann.)] .
There, we have stated [Mishnah Idiut2:5, missing the introduction, that R. Ismael did not indicate his position regarding the difference between the anonymous Tanna and R. Eleazar ben R. Ṣadoq.] : “About rural pans [Pans made of unfired clay with cover attached.] , that they are pure in a tent with a corpse [A clay vessel cannot become impure from the outside. A clay vessel which does not have a cavity is immune to impurity (Mishnah Kelim2:7). Since the unused rural pan is totally closed, it is immune to the impurity of the dead by biblical decree, Num. 19:15.] but impure if carried by a person afflicted with gonorrhea [Any implement moved by a sufferer from gonorrhea is severely impure, Lev. 15:10, even if the sufferer never touches the implement and moves it on a flat piece of wood (or clay) impervious to impurity.] . Rebbi Eleazar ben Rebbi Ṣadoq says, even if carried by a person afflicted with gonorrhea they are pure since their production was not finished [He holds that as long as the cover is not separated from the pan the manufacturing process is not finished and therefore the composite is not an implement to which the rules of impurity may apply.] .” It turns out that the minority opinion here corresponds to the majority opinion there and the minority opinion there corresponds to the majority opinion here [R. Eleazar ben R. Sadoq must agree that separating cover from pot is “hitting with hammer”. Rabban Simeon ben Gamliel must agree that the unopened clay vessel is an implement and subject to impurity by being moved.] .
Rebbi Abba in the name of Rav Jehudah: A splinter one leans on the wall lest it scratches [If a splinter of wood constitutes a danger it can be moved even though it is muqṣeh.] . It was stated: One does not extinguish a splinter to save it; if to prevent it filling the house or the pot with smoke it is permitted [If the splinter is burning and represents a nuisance or a danger it may be extinguished even though in general extinguishing a fire is forbidden on the holiday (unless needed in a cooking process). Babli 22a.] . Rebbi Ḥanania said, if there is no empty space [Greek ʼάηρ.] there. But if there is empty space there one throws it into the empty space and this is enough [If the fire can safely be left to burn out by itself, extinguishing it is forbidden.] . Rebbi Nasa said, is this correct? Are we saying so, salve [Greek κολλύριον.] one is permitted to rub on to use kohl on the holiday [Since this is forbidden on the Sabbath and is not connected with food it must be forbidden on the holiday.] ? Rebbi Mana said, one is to guard, the other for healing [The argument should not even have started. Since making a fire is required in the preparation of food, measures to guard against the dangers of fire must be permitted. But medical procedures other than those necessary to save lives are prohibited on Sabbath and holidays. Babli 22a.] .
[Tosephta 3:21, Babli 32b.] “About a wick three things were said as restrictions and three as leniencies. The following three were said as restrictions: One does not make it new on the holiday, nor does one cut one into two pieces, nor does one singe it by fire [To make it easier to be lit.] . The following three were said as leniencies: One softens it [By working it with his fingers.] , and soaks it in oil, and divides it into two lights by fire.” Rebbi Ḥinena said, if he needs both of them. It was stated, Rebbi Jehudah bar Pazi in the name of Bar Delaia: He brings two candles, introduces it into both of them, and separates them by fire into two candles [As explained in the Halakhah one may take a long wick, put each end into such a candle and light then in the middle. Then this one action creates two separate burning candles.] . Rebbi Jacob bar Aḥa, Ḥinena bar Idi in the name of Rav: One cleans the wick [Cutting off the burned-out part.] on a holiday.
MISHNAH: One does not break earthenware nor cut paper to grill on them salted fish [One does not break a potsherd in two to use part of it on a grill to protect the fish from being burned by the irons of the grill. According to Maimonides, for the same purpose one uses a special kind of paper impregnated with oil which will not burn as long as it is still moist.] . One does not clean out stove or cooking range but one smooths [One may not clean out all ashes from a stove but one may smooth the surface of the ashes to have a level place to put in new wood or charcoal.] . One does not arrange two amphoras to cook a pot on them [If one does not have a stove, one may not on the holiday create one by placing two amphoras side by side with space between them for fire wood and then put the pot between them to be cooked by the fire started between the amphoras.] . One does not support a pot by a splinter, nor the door [This statement is valid only for those who hold that pieces of wood are prepared only to be fuel but nothing else.] . One does not drive an animal with a stick on the holiday [Since this is herders’ practice on working days.] .
HALAKHAH: The sausage maker cannot do it on the holiday since he is cutting bast [Šabbat7, Note 292.] .
[Babli 32b, reported about his wife (who did not have the scholarly reputation of her daughter.)] The daughter of the Elder Rebbi Ḥiyya went to bake in the stove. She found a heap in it. She came and asked her father who said to her, go and empty it. She said, I cannot do it [Since it is forbidden in the Mishnah.] . He said to her, go and smoothen it. She had known this [If she knew the Mishnah, she must have known that smoothing the ashes is permitted.] but she wanted to hear it from her father [Whether he had any modifications of the Mishnah.]
Rav said, one transfers from oven to stove but not from stove to oven [The oven is a clay vessel in the form of a truncated cone. In the draft generated from the fire, the temperature is higher than that on top of an open stove. One may transfer completely cooked meals on a lesser fire to keep them hot. No reason is given why the inverse transfer is not permitted.] . Rav Abba bar Ḥana [Rav’s second cousin. The entire discussion is about their family’s common usage.] said, one transfers from oven to stove and from stove to oven but not from evening to morning. Rav Avun in the name of Rav: One transfers from oven to stove, from stove to oven, and from evening to morning, but not from holiday to weekday [It is generally accepted that the permission (or obligation) to cook on the holiday refers only to holiday food. It is forbidden to intentionally cook on the holiday for a following weekday.] .
“One does not arrange two amphoras to cook a pot on them.” Because of building [Not building a permanent structure but fabricating an implement, violating “hitting with hammer”.] . It was stated [Tosephta 3:17, Babli 25b.] : “A blind person may not go out with his stick, nor the shepherd with his bag, but Rebbi Simeon permits.” So was Rebbi Simeon saying: Since one thing is permitted to him, let him be permitted everything [The anonymous author forbids to the blind and the shepherd to go in public the same way they do on weekdays. R. Simeon objects since the blind man and the shepherd can freely move their implements in the house; there is no reason to forbid the same in public.] .
MISHNAH: Rebbi Eliezer says, a person takes a chip to use as a toothpick [Even though the chip either was intended as fuel or was regarded as waste. One may not take a chip from any wood connected to the ground.] and collects from the courtyard and ignites [Uses as firewood to start a fire. R. Eliezer permits to sweep the entire courtyard to collect the little pieces of wood which are useful to start fires.] since anything in the courtyard is prepared, but the Sages are saying one collects from what is in front of him [They agree that slivers of wood in house or courtyard are never muqṣeh but they do not authorize sweeping large areas to collect them. Babli 33b.] and ignites.
HALAKHAH: What is between them? To make a heap. In Rebbi Eliezer’s opinion one may make a heap, in the rabbis’ opinion one may not make a heap.
MISHNAH: One makes fire neither with stones [One may not generate sparks by hitting flintstones one on the other or on a metal surface. It could have said that one does not start a new fire in any way since this is not included in the permission to prepare food.] , nor with wood [By turning a wooden stick rapidly in a hole in a wooden log.] , nor with water [By filling a round glass vessel with water and using it as a magnifying glass concentrating the sun’s rays to start a fire.] , and one does not heat tiles to fry on them. In addition, Rebbi Eliezer says, a person stands by the Muqṣeh [The place on the roof where fig cakes are spread out to ferment and dry. This presumes that there are parts which already are edible again.] on a Sabbath eve in a sabbatical year [When there are no tithes. The same holds on every Sabbath in a common year if one tithes the drying figs even before they become subject to obligatory tithe. Since food for the Sabbath has to be prepared in advance it cannot be consumed on the Sabbath as a snack for which the rules of tithe do not apply.] and says, from here I shall eat tomorrow, but the Sages say, only if he delineates and says, from here to here.
HALAKHAH: “One does not heat tiles to fry on them.” There are Tannaim who state, one may heat. [And there are Tannaim who state, one may not heat.] [Addition by the corrector, not absolutely necessary.] Rav Ḥisda said, he who said one may heat, by those already checked out. And he who said one may not heat, by those not checked out [The tiles are roof tiles. If they are new and not hardened in a kiln they will be hardened by the procedure which is a prohibited side effect. Since the effect is automatic, the procedure is forbidden even for R. Simeon who forbids procedures only if the Sabbath or holiday infraction is intended. Babli 33b/34a.] .
[This paragraph is a reformulation of a passage in Halakhah 1:3, Notes 128–138.] “In addition, Rebbi Eliezer says, a person stands by the Muqṣeh on a Sabbath eve in a sabbatical year and says, from here I shall eat tomorrow.” The argument of Rebbi Eliezer seems inverted, as we have stated there [Mishnah 1:3.] , “the House of Shammai say, one may not take unless one had moved when it was still daylight,” and is Rebbi Eliezer not a Shammaite [This is a very common argument but one may question whether a student of the Hillelite Rabban Joḥanan ben Zakkai can be called a Shammaite even if he was sympathetic to Shammaite rules.] ? One is restrictive if living things are involved. “But the Sages say, only if he delineates and says, from here to here.” The argument of the Sages seems inverted, since we have stated there [Mishnah 1:3.] “the House of Hillel say, he may stand there and say, this and that I shall take,” and here they are saying so? Still they hold that one is restrictive if living things are involved.