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Shabbos 95

1) SWEEPING AND "DAVAR SH'EIN MISKAVEN"

QUESTION: Rebbi Eliezer maintains that one who sweeps the floor on Shabbos is Chayav to bring a Korban Chatas. The Gemara concludes that since we rule in accordance with the opinion of Rebbi Shimon (that a Davar sh'Ein Miskaven is permitted), it is permitted to sweep the floor. This implies that Rebbi Eliezer prohibits it because he maintains that a Davar sh'Ein Miskaven is forbidden. How could that be? Even if it is a Davar sh'Ein Miskaven, and even according to the opinion (Rebbi Yehudah) that a Davar sh'Ein Miskaven is prohibited, the prohibition applies only *l'Chatchilah*, but it is not mid'Oraisa and does not obligate a person to bring a Korban Chatas. How can Rebbi Eliezer say one is *Chayav* and must bring a Korban?

ANSWER: TOSFOS (DH Michabed) answers that the Gemara means to say that when Rebbi Eliezer and the Rabanan argued concerning sweeping, their argument was based on whether sweeping is a "Pesik Reshei." Rebbi Eliezer maintains that it is a "Pesik Reshei," and forbidden whether or not Davar she'Eino Miskaven is prohibited. We rule that it is not a "Pesik Reshei," and thus according to Rebbi Yehudah it will be forbidden (but one will not be Chayav to bring a Korban), and according to Rebbi Shimon it will be permitted. Since we rule like Rebbi Shimon, it is permitted.

OPINIONS: The Gemara discusses whether one may sweep the floor on Shabbos. What is the Halachah? Is it permitted to sweep the floor on Shabbos?

(a) The BEHAG (cited in Tosfos, DH v'Ha'idna), RIF, and RAN permit sweeping, because the Gemara concludes that it is a Davar sh'Ein Miskaven. Since the Halachah follows Rebbi Shimon with regard to a Davar sh'Ein Miskaven, it is permitted.

However, there should be another problem -- moving around the dust which is Muktzah because it has no use on Shabbos. The Rishonim suggest that this is permitted either because the dust is like a Geraf Shel Re'i (Rashba, 143a), or because the Rabanan were lenient for the sake of Simchas Shabbos (Ran) and they therefore permitted moving Muktzah indirectly (Tiltul Min ha'Tzad) to make the house clean.

(b) The RAMBAM (Hilchos Shabbos 21:3) only permits sweeping on a tiled floor, as our Gemara states. If the floor is not tiled, he prohibits it because a person inevitably smoothes grooves in the dirt floor (and thereby transgresses the Melachah of Boneh). It is a "Pesik Reshei" that he will do Boneh. The BEIS YOSEF (OC 337) infers that this is also the opinion of Rashi (124b, DH Shel Temarah).

(c) The SEFER HA'TERUMAH prohibits sweeping even on a tiled floor, either because he maintains that there was an enactment to prohibit sweeping on a tiled floor lest one think that it is also permitted to sweep on an untiled floor, or because even when it is tiled, there are cracks in between the tiles in which one makes the floor even (Hagahos Maimoni Hilchos Shabbos 21).

(d) TOSFOS and the ROSH prohibit sweeping even on a tiled floor, even though the Gemara says that it is a Davar sh'Eino Miskaven when he smoothes the grooves in the floor, because one thereby moves the dirt (Tiltul Muktzah). The TUR points out that even when the floor is tiled, it is forbidden for this reason. When the Gemara says that it is permitted, it is not referring to sweeping, but only to *sprinkling* the floor.

HALACHAH: The SHULCHAN ARUCH (OC 337:2) cites the opinion of the RAMBAM and RIF (who permit sweeping only on tiled floors). The REMA cites the SEFER HA'TERUMAH who is stringent and forbids sweeping even on tiled floors. The opinion of Tosfos, that sweeping is prohibited because of the dirt which is Muktzeh, is not cited, and therefore the Rema permits sweeping with a soft cloth because one does not thereby smooth the grooves in the floor.

The Rema concludes that one should be stringent in this matter and not sweep on untiled floors, like the Sefer ha'Terumah. The BI'UR HALACHAH, however, points out that the Sefer ha'Terumah prohibits sweeping only because of a Gezeirah or because of filling in the cracks. Thus, in a town where most of the floors are tightly laid with no cracks, such as wooden floors (and not tiles), the Gezeirah does not apply and it is permitted to sweep. However, a person should still be careful not to use a broom which has bristles that break easily, lest he break them on Shabbos (Rema ibid.).

95b