Kesubos - Daf 34
- מעשה שבת ושיטת רבי יוחנן הסנדלר
It was taught in a Baraisa:המבשל בשבת בשוגג יאכל במזיד לא יאכל דברי רבי מאיר - If one cooked on Shabbos, according to Rebbe Meir, if it was done beshogegg he may eat what he cooked, but if it was done bemeizid he may not eat it. Rebbe Yehudah says, beshogegg, he may eat it motzai Shabbos, במזיד לא יאכל עולמית – bemeizid, he may never eat the food, but, Rashi explains, others may eat it. Rebbe Yochanan Hasandlar says: יאכל במוצאי שבת לאחרים ולא לו בשוגג- beshogegg, the food may be eaten by others, after Shabbos but not by him, bemeizid, the food may never be eaten by anyone. The Gemara explains that Rebbe Yochanan Hasandlar’s reason is that which Rebbe Chiya expounded at the house of the Nasi: The passuk states: "ושמרתם את השבת כי קדש הוא לכם" – And you shall observe the Shabbos, for it is consecrated for you. מה קודש אסור באכילה אף מעשה שבת אסור באכילה – Just as a consecrated item is forbidden to be eaten, so too products of melachah done on Shabbos are forbidden to be eaten. One might have thought that just as kodesh is assur for benefit, so too מעשה שבת is assur for benefit. Therefore, the Torah states, "לכם" – it is for you. One might have thought that מעשה שבת is forbidden even beshogegg. Therefore, the Torah states: "מחלליה מות יומת" – Those who are mechallel Shabbos shall be put to death, which indicates that what is done bemeizid is like kodesh, but not something done beshogegg.
- Why a thief pays four or five times for stealing and shechting a shor haniskal
The Gemara asks how Rebbe Meir could rule that a thief who steals and shechts a shor haniskal, (an ox condemned to be stoned) could be chayav the four-or five-times payment. It is not the animal of the original owner that he is shechting, since the moment it is condemned, it becomes assur behana’ah! Rabbah answered that we are dealing with a case in which the ox had been given to a shomer, and then it killed a person and was condemned to death while in his custody, and then the thief stole it from the shomer’s house. Rebbe Meir holds like Rebbe Yaakov, and he holds like Rebbe Shimon. He holds like Rebbe Yaakov, who says: Even after the verdict is reached, החזירו שומר לבעליו מוחזר – if the shomer returns the animal to its owner it is considered returned. Rebbe Yaakov holds that the shomer is patur from payment for he can say to the owner, “You gave me an ox and I am returning to you an ox.” And Rebbe Meir holds like Rebbe Shimon, that דבר הגורם לממון כממון דמי – Something that can cause a benefit of money is considered as money. Even though the animal is assur behana’ah, it is considered “owned” by the shomer, since it causes him a benefit that he does not have pay for damages when he returns it to the owner. Therefore, the thief has stolen the animal from the shomer and must pay four or five times to the shomer.
- דחידוש הוא שחידשה תורה בקנס אף על גב דמיקטיל משלם
Rabbah brings an alternative explanation for how Rebbe Meir holds that a thief can be chayav four or five times the payment when the animal is shechted on Shabbos. לעולם בטובח על ידי עצמו – Actually, you can say that the case is where the thief shechts the animal himself, and not through a shaliach. And you can still say that Rebbe Meir generally holds that one can get malkus and pay for the same transgression, but he does not hold that one can be chayav misa and payment at the same time, but this case is different, דחידוש הוא שחידשה תורה בקנס – for it is a chiddush that the Torah was mechadesh with a kenas, אף על גב דמיקטיל משלם – that even though he is executed, he still pays the fine.
