Ask A Question about the Daf

Previous daf

Beitzah 11

11b

[1] THE DIFFERENCE BETWEEN A BOLT IN THE MIDDLE AND A BOLT AT THE EDGE

QUESTION: The Mishnah states that Beis Shamai prohibits removing the door from a closet used as a shop. (The seller's wares were kept in this closet. He would remove the door from the closet and lay it flat on the ground and spread out his wares upon it, Rashi 10a DH Terisin.) Beis Hillel permits not only removing the door, but also returning it to its place. In the Gemara, Ula states that Beis Hillel permits returning the door to its place only because if it were not permitted, the shop owners would not open their shops to begin with, knowing that they could not close them after selling their wares ("Hetiru Sofo Mishum Techilaso").

The Gemara explains that the Mishnah is discussing closets that are not attached to the ground. The doors of such closets can be made in one of three ways. It can be made as a flat rectangular board, or it can be made with one peg protruding out of the center of one side of the board, or it can be made with two pegs protruding from two opposite sides, one at the top corner of the board and one at the bottom corner of the board.

The Gemara explains, according to Ula, that Beis Hillel permits returning the door to its place *only* in the case of a door with a peg in the center (or with no peg at all, which Beis Shamai also permits), and only if the closet is used as a shop. Beis Hillel does not permit replacing the door of a closet used in one's home from private purposes, because in that case there is no reason of "Hetiru Sofo Atu Techilaso." In the case of a door that has pegs protruding from the two sides, Beis Hillel prohibits replacing the door, both to closets used as shops and closets in one's home.

RASHI explains that the reason it is prohibited to replace a door with two pegs at the sides is because it is "Domeh l'Binyan" -- even though it is not connected to the ground, it looks as though it is. TOSFOS says that it is prohibited because of a Gezeirah "Shema Yiska" -- perhaps one will secure the door in its place by nailing it in, in which case, says Tosfos, one will have done the Melachah of Binyan b'Kelim. (Rashi rejects this reason, because he holds that there is never an Isur d'Oraisa of Binyan when it comes to Kelim, even if one fastens the item to the Kli very tightly. When the Gemara in various places mentions a Gezeirah of "Shema Yiska" with regard to Kelim, it means that there is a Gezeirah that one might securely fasten the item in order for it to remain there *permanently*, in which case one transgresses not Binyan, but Makeh b'Patish, because one completes the construction of the Kli (Rashi Shabbos 122b DH Gezeirah, and 47a DH Patur) In the case of our Gemara, there is no fear that the person will fasten the door in its place permanently, because he has to remove it in order to take out his wares and spread them out on the door, as Rashi said on 10a, DH Terisin.)

In any case, according to Beis Hillel, it is prohibited to return the door to its place only when it has two pegs on each side. That Isur is only mid'Rabanan, a Gezeirah of "Shema Yiska" or "Domeh l'Binyan." However, when the peg is in the center of the side of the door, there is no concern of "Shema Yiska" or "Domeh l'Binyan." Why not?

ANSWERS:

(a) The ROSH YOSEF (based on Rashi, end of 11b) explains that the peg in the center is not a vertical rod that protrudes from the side of the door which is inserted into a hole in the door frame to stabilize the door. Rather, the peg is attached to the center of the board, perpendicular to it, and the board is not a door at all, but merely a utensil on which to display the shop owner's wares. When the shop owner is finished, he picks up the board and inserts its peg into a hole in the middle of the closet's door (in order to hold the board there; the board itself, though, is not the door).

(b) The RAMBAN (Shabbos 102b) answers differently. He explains that a door with pegs on two sides can swing outward, and therefore even if the door is tightly fastened there in a permanent manner, the contents of the closet can still accessed by swinging open the door without removing it. In contrast, when the peg is in the center of the side of the door, the door cannot swing outward, because the other half of the door (which will swing inward) is blocked by the door frame. One will not tighten such a door because he would then be unable to take out his merchandise.

[2] GEZEIRAH L'GEZEIRAH

QUESTION: Even though there is no concern that one will fasten a door with one peg to the closet, Beis Hillel prohibits returning such a door to its place when the closet is in a private home, because of a Gezeirah that one not erringly permit returning a door that has two pegs on its sides. Beis Hillel only permits returning a door with one peg when the closet is that of a shop owner on Yom Tov, because of Simchas Yom Tov.

Why does should Beis Hillel prohibit replacing a door which has a peg at the center (in one's private home) because of a Gezeirah that one not replace a door which has two pegs on its sides? Returning a door with two pegs on its sides is only Asur mid'Rabanan, and we know that the Rabanan do not enact Gezeiros for Gezeiros!

ANSWERS:

(a) The RAMBAN (Shabbos 102b) explains that it is very common to securely fasten a door to its place when the door has two pegs on its sides. Therefore, the Rabanan made an exception an indeed enacted a Gezeirah for a Gezeirah, prohibiting a door with only one peg to be returned. (This is also the explanation offered by the ROSH YOSEF.)

(b) When there are two pegs on two opposite sides of the door, it is Asur *mid'Oraisa* to replace the door, even if one does not securely fasten it in place. Returning such a door is a "Meleches Uman," a professionally-skilled labor, and it constitutes making a Kli, which Beis Hillel agrees is Asur mid'Oraisa (as we find in Shabbos 47a). (This answer may not apply according to Rashi, who seems to rule -- see above -- that the prohibition of making a Kli applies only when it is intended for the Kli to remain this way in permanent fashion.)

(c) The RAMBAN suggests further that Ula, who says that Beis Hillel permits returning the door only in the case of a closet of a shop but not in the case of a closet in one's home, perhaps holds like Rebbi Yochanan who reversed the opinions in the Mishnah and said that Beis Shamai is the one who permits returning the door. Accordingly, both Beis Shamai and Beis Hillel hold that there *is* Binyan for Kelim, and therefore it is possible to make a Gezeirah not to return a door with a peg in its center, lest one return a door with pegs at its sides, which is Asur mid'Oraisa because of Binyan. In the case of shops on Yom Tov, though, Beis Shamai does not apply the Gezeirah and he permits returning a door with one peg because of Simchas Yom Tov.

According to this approach, the Halachah would be that it is permitted to replace a door of a closet even in a house. We hold that there is no Binyan for Kelim (not like Rebbi Yochanan). We do not reverse the Mishnah, and thus Beis Hillel permits returning the doors because there is no Binyan for Kelim. Accordingly, he also permits returning the doors of a closet even in a house.

(d) From the words of the SHITAH MEKUBETZES, it seems that even though there is no Gezeirah of "Shema Yiska" for a door with a peg in the center, nevertheless it still resembles Binyan slightly. If so, since returning a door with a peg in the center is somewhat like Binyan, that combines with the need to make a Gezeirah lest one return a door with two pegs at its sides, and thus the combination of these two factors permit the Rabanan to make a Gezeirah for a Gezeirah. (M. Kornfeld)