Shabbat 155 – Foie Gras

MISHNAH: ONE MUST NOT STUFF A CAMEL. [WITH FOOD] NOR CRAM [IT]. BUT ONE MAY PUT FOOD INTO ITS MOUTH; AND ONE MUST NOT FATTEN CALVES, BUT ONE MAY PUT FOOD INTO THEIR MOUTH. AND FOWLS MAY BE MADE TO TAKE UP FOOD

Although one has a responsibility to take care of animals on Shabbat, including to feed them, this Mishnah specifically disallows the forced feeding used to artificially fatten an animal. The rabbis discuss various forms to glean the meaning – including forcing food down by hand and with a utensil. This practice was attested even as far back as ancient Egypt (2500 BCE) and would have been known to the rabbis through the practices of the Roman empire. It continues today, for example in the making foie gras.

. . . AND WATER MAY NOT BE PLACED FOR BEES OR FOR DOVES IN A DOVE-COTE, BUT IT MAY BE PLACED BEFORE GEESE, FOWLS AND HARDISIAN DOVES

Although it is a responsibility to care for animals (and not to overcare to their detriment) on Shabbat, it does not include when the animal has the ability to fend for itself – i.e. bees who can easily find their own water.

Dogs, for example, who were semi-domesticated – could barely scrap out a living and thus it was proper to throw them some raw meat. Domesticated pigs were fed, even though in theory they could find their own food.

Thus a saying of R. Papa:

None are poorer than a dog and none richer than a swine.

Shabbat 154 - Donkey Work

But the seventh day is the sabbath of the Lord your God; in it you shall not do any work, you, . . . nor your cattle (Ex. 20:10)

Rami b. Hama said: If one leads a laden ass on the Sabbath unwittingly, he is liable to a sin-offering; if deliberately, he is liable to stoning.

Now, how does he reason that deliberately leading a burdened donkey on Shabbat is punishable with the death penalty? Rabbah reasons that under the stricture of Ex. 20:10, "your cattle" is equal to "you." That is, the punishments of working an animal on Shabbat are the same as working oneself. If unintentional, it is a sin-offering, if intentional: death.

We should stop and note that the death penalty for breaking Shabbat laws was probably never imposed - only a theoretical extreme.

Raba counters that only actions the individual performs himself make him liable. This is based on another text, this one dealing with idolatry:

You shall have one Torah for him who sins through ignorance. . . But the soul who does anything presumptuously . . .that soul shall be cut off from among his people. (Num. 15:29-30)

Now since idolatry can only be performed by the person himself (not, for example, by an animal) one cannot be guilty of leading a laden donkey.

This is all from the previous page and it is debated in some detail on this page. The argument concludes with a question:

Why does the Torah not say:

you shall not do any work . . .nor your cattle

Instead of:

you shall not do any work, you, . . . nor your cattle

That is, why the extra "you"?

 [To teach:] only [when] he personally [works] is he liable, but [if] his animal works, he is not liable.

Now, that is not to say that it is permissible - only that the punishment is not death!

Shabbat 153 - Preparing for the Afterlife

As we know, traditional Judaism - being focused on the responsibilities of this world - does not spend a lot of time on speculation about the world to come. There are some exceptions, though:

For it was taught: For a full [twelve months] the body is in existence and the soul ascends and descends; after twelve months the body ceases to exist and the soul ascends but descends nevermore.

Unlike the Greek philosophies, Judiasm sees body and soul as linked. While the body still exists, the soul is tied to this world.

Our actions in this world prepare us of the world to come. The parable is told of a king who announces that a banquet will take place but does not say when. Some of the guests prepare themselves and wait at the gate, others say they will be ready when the time comes. When the banquet is suddenly announced, those who are prepared rejoice in the king's presence, while those who were unready are humiliated. Thus the famous statement of R. Eliezer:

We learnt elsewhere, R. Eliezer said: Repent one day before your death. His disciples asked him, Does then one know on what day he will die? Then all the more reason that he repent to-day, he replied, lest he die to-morrow, and thus his whole life is spent in repentance. 

And Solomon too said in his wisdom, Let thy garments be always white; and let not thy head lack ointment. (Eccl. 9:8)

Shabbat 152 - Parables of Old Age

The emperor asked R. Joshua b. Hanania, ‘Why did you not attend the Be Abedan?’

The Be Abedan was likely a conclave of religious dispute - perhaps with early Christians. He absence was conspicuous. But it is R. Joshua b. Hanania's answer which is interesting. He answers with a parable:

‘The mountain is snowy, it is surrounded by ice, the dog does not bark and the grinders do not grind,’ he replied.

That is: my head is white and so is my beard. My voice is weak and my teeth don't work.

What a beautiful poetic rendition of the deprivations of old age!

 The School of Rab was wont to say: ‘What I did not lose I seek.’

That is, an old man stooped over as if perpetually looking for something.

And lastly:

It was taught, R. Jose b. Kisma said: Two are better than three,

That is two legs are better than the additon of a walking stick!

and woe for the one thing that goes and does not return.

What is that?

 Said R. Hisda: One's youth.

 Ha!

Shabbat 151 - Assisted Suicide and The Wheel

MISHNAH. ONE MAY NOT CLOSE [THE EYES OF] A CORPSE ON THE SABBATH, NOR ON WEEKDAYS WHEN HE IS ABOUT TO DIE, AND HE WHO CLOSES THE EYES [OF A DYING PERSON] AT THE POINT OF DEATH IS A MURDERER.

GEMARA. Our Rabbis taught: He who closes [the eyes of a dying man] at the point of death is a murderer. This may be compared to a lamp that is going out: If a man places his finger upon it, it is immediately extinguished

This is one of the classic texts relating to Physician Assisted Suicide and other questions about hastening death. It is countered with texts which disallow slowing down the natural process. One may (perhaps must) keep a patient comfortable, even if the side-effect is fatal. But one cannot intentionally hasten death.

And, unrelated but had to share -

Instant Karma:

It was taught, R. Eleazar ha-Kappar said: Let one always pray to be spared this fate [poverty], for if he does not descend [to poverty] his son will, and if not his son, his grandson, for it is said, because that for [bi-gelal] this thing, [etc.]. (Deut. 15:10) 

The School of R. Ishmael taught: It is a wheel [galal] that revolves in the world

It was taught R. Gamaliel Beribbi said: And he shall give thee mercy, and have compassion upon thee, and multiply thee: (Deut. 13:17) he who is merciful to others, mercy is shown to him by Heaven, while he who is not merciful to others, mercy is not shown to him by Heaven."

Shabbat 150 – Freedom of Speech and Freedom of Thought

A MAN MUST NOT HIRE LABORERS ON THE SABBATH, NOR INSTRUCT HIS NEIGHBOR TO HIRE LABORERS ON HIS BEHALF.

Now, this makes sense. You cannot command someone to do something on your behalf that you cannot do yourself. But can you intimate it?

R. Joshua b. Karhah said: One may say to his neighbor  'Well, we shall see whether you join me in the evening'!

That is, one may hint that the worker will be hired after the Sabbath.

What is R. Judah b. Karhah's reason? Because it is written, [If thou turn away they foot form the Sabbath. . .] nor finding thine own pleasure nor speaking thine own words (Isa. 58:13): [explicit] speech is forbidden, but thought is permitted

Now this is fascinating. Unlike some other traditions, Judaism places no restriction on thought. It is putting that thought into action, i.e. speech, which may hold some restrictions. And, in fact, even those boundaries are loosened. One should not conduct business (speech) on Shabbat – and yet:

Now, is speech forbidden? Surely R. Hisda and R: Hamnuna both said: Accounts in connection with religion may be calculated [discussed] on the Sabbath. And R. Eleazar said: One may determine charity [grants] to the poor on the Sabbath. Again, R. Jacob b. Idi said in R. Johanan's name: One may supervise matters of life and death and matters of communal urgency on the Sabbath, and one may go to the synagogues to attend to communal affairs on the Sabbath.

 Also, R. Samuel b. Nahmani said in R. Johanan's name: One may go to theatres and circuses and basilicas to attend to communal affairs on the Sabbath. Further, the School of Manasseh taught: One may make arrangements on the Sabbath for the betrothal of young girls and the elementary education of a child and to teach him a trade! —

Scripture saith, nor finding thine own affairs nor speaking thine own words: thine affairs are forbidden, the affairs of Heaven [religious matters] are permitted. 

Shabbat 149 - Table Games

A MAN MAY CAST LOTS WITH HIS SONS AND THE MEMBERS OF HIS HOUSEHOLD FOR [SERVINGS ON] THE TABLE, PROVIDED THAT HE DOES NOT INTEND TO OFFSET A LARGE PORTION AGAINST A SMALL ONE.

Only with his sons and household, but not with strangers: what is the reason?

According to the tradition reported by Rab Judah in Samuel’s name, it is because when people travel together they are careful about sharing provisions fairly, by weighing and measuring each member’s contribution – and thus will violating the Shabbat.

So what is the problem with large portions being set against small ones? In fact the rabbis forbid it even on weekdays! Why:

On account of gambling

It looks like a gambling game. The text doesn't say so, but "casting lots" reminds us of Purim! It was Hamen's game. We don't play it.