Siman - Shabbos Daf 154
- מחמר
On Daf 153b, Rami bar Chama said, המחמר אחר בהמתו בשבת – One who leads his loaded animal on Shabbos by goading him with his voice, בשוגג חייב חטאת במזיד חייב סקילה – If he does so beshogeg he is chayav a chatas, and if he does so bemaizid he is chayav to be killed by stoning.
Rava asked that if one is מחמר beshogeg he should be exempt from bringing a chatas, because it is learnt through a hekesh that one is only chayav a chatas if the act was done in a similar fashion to one who worships avodah zara. Just as one who performs avodah zarah does a physical action, so too one is only chayav a chatas if one does a physical action. In the case of mechameir, one is merely calling the animal.
On this Daf, Rav Zevid taught that Rami bar Chama accepted Rava’s objection and ruled:המחמר אחר בהמתו בשבת בשוגג אינו חייב חטאת במזיד חייב סקילה – If one leads his loaded animal beshogeg he is patur from bringing a chatas, and if he does so bemaizid he is chayav to be killed by stoning.
The Gemara brings another opinion, that the above statement attributed to Rami bar Chama, was actually said by Rebbe Yochanon. Additionally, the correct statement is that if one did מחמר beshogeg one is exempt from a chatas, and if he did it bemaizid he is exempt even from lashes for violating a lo sa’aseh - a negative commandment.
- צער בעלי חיים
A Baraisa was brought that stated that Rabban Gamliel’s donkey was once loaded with honey as Shabbos began, and Rabban Gamliel did not want to unload the donkey until Motzai Shabbos, and the animal died Motzai Shabbos.
After the Gemara determines that the honey was spoiled and therefore muktzeh, it explains that Rabban Gamliel did not permit bringing pillows and cushions to be placed under the containers, because he held that צער בעלי חיים דרבנן, - causing suffering to a living creature is only d’Rabbanon, and therefore it does not override the d’Rabbanon of being מבטל כלי מהיכנו – nullifying the preparedness of a vessel.
- Using the sides of the animal
Abaye saw Rabbah sliding his son down the back of a donkey on Shabbos, and said to him that what he was doing was prohibited as he was משתמש בבעלי חיים, - he was making use of a living creature. (This is forbidden mid’Rabbonon lest he come to ride on it and tear a branch off a tree to use as a whip, which would be a violation of the melacha of kotzeir, reaping[O1] ).
Rabbah answered, צדדין הן וצדדין לא גזרו בהו רבנן – These are merely the sides of the donkey that I am using, and the Rabbanon never decreed a prohibition regarding the sides of an animal.
