## Shabbat Daf 3b

###### Shabbat 3b:1
[Shabbat 3b:1](https://torahapp.org/share/book/Shabbat/r/3b:1)

אֲמַר לֵיהּ רַבִּי חִיָּיא לְרַב: בַּר פַּחֲתֵי! לָא אָמֵינָא לָךְ, כִּי קָאֵי רַבִּי בְּהָא מַסֶּכְתָּא לָא תְּשַׁיְּילֵיהּ בְּמַסֶּכְתָּא אַחֲרִיתִי, דִּילְמָא לָאו אַדַּעְתֵּיהּ. דְּאִי לָאו דְּרַבִּי גַּבְרָא רַבָּה הוּא — כַּסֵּפְתֵּיהּ, דִּמְשַׁנֵּי לָךְ שִׁינּוּיָא דְּלָאו שִׁינּוּיָא הוּא.

**William Davidson Edition - English:**
**Rabbi Ḥiyya said to Rav,** his sister’s son: **Son of great men, didn’t I tell you that when Rabbi** Yehuda HaNasi **is involved in this tractate do not ask him** questions **in another tractate, as perhaps it will not be on his mind** and he will be unable to answer? The dilemma that Rav asked was not related to the subject matter of the tractate which they were studying. **As, had** it **not been** for the fact that **Rabbi** Yehuda HaNasi **is a great man, you would have shamed him, as he would** have been forced to **give you an answer that is not an** appropriate **answer.**


###### Shabbat 3b:2
[Shabbat 3b:2](https://torahapp.org/share/book/Shabbat/r/3b:2)

הַשְׁתָּא מִיהַת שַׁפִּיר מְשַׁנֵּי לָךְ. דְּתַנְיָא: הָיָה טָעוּן אוֹכָלִין וּמַשְׁקִין מִבְּעוֹד יוֹם, וְהוֹצִיאָן לַחוּץ מִשֶּׁחָשֵׁיכָה — חַיָּיב, לְפִי שֶׁאֵינוֹ דּוֹמֶה לְיָדוֹ.

**William Davidson Edition - English:**
**Now,** he was involved in another tractate. **Nevertheless, he answered you well, as it was taught** in a *baraita*: **One who was laden with food and drink while it was still day,** before Shabbat began, and, consequently, did not perform the act of lifting on Shabbat, **and he carried them out** into the public domain **after dark** on Shabbat **is liable. Since,** as a rule, his body is fixed in one place, moving it is considered like lifting an object, and he is liable. **It is not similar to** lifting **his hand** and moving it from place to place. Since his hand is not fixed in one place, moving it is not considered lifting.


###### Shabbat 3b:3
[Shabbat 3b:3](https://torahapp.org/share/book/Shabbat/r/3b:3)

אָמַר אַבָּיֵי: פְּשִׁיטָא לִי יָדוֹ שֶׁל אָדָם אֵינָהּ לֹא כִּרְשׁוּת הָרַבִּים וְלֹא כִּרְשׁוּת הַיָּחִיד. כִּרְשׁוּת הָרַבִּים לָא דָּמְיָא — מִיָּדוֹ דְעָנִי. כִּרְשׁוּת הַיָּחִיד לָא דָּמְיָא — מִיָּדוֹ דְּבַעַל הַבַּיִת.

**William Davidson Edition - English:**
**Abaye said:** It is **obvious to me** that **the hand of a person** in and of itself, when he moves it out of the domain where he is located, **is** considered to be **neither like the public domain nor like the private domain,** even if it is the hand of someone standing in one of those domains. Proof that the hand **is not considered like the public domain** can be derived **from** the ruling of the mishna with regard to **the hand of the poor person.** As we learned with regard to the poor person who brought his hand carrying an object that he lifted from the public domain into the private domain and the homeowner took the object from his hand; the homeowner is not liable. Apparently, the hand of the poor person is not considered part of the public domain, even though he himself is located in the public domain. Proof that **it is not considered like the private domain** can be derived **from** the ruling of the mishna with regard to **the hand of the homeowner.** As we learned with regard to the homeowner who moved his hand carrying an object that he lifted from the private domain into the public domain and the poor person took the object from his hand; the poor person is not liable for carrying out from a private domain.


###### Shabbat 3b:4
[Shabbat 3b:4](https://torahapp.org/share/book/Shabbat/r/3b:4)

בָּעֵי אַבָּיֵי: יָדוֹ שֶׁל אָדָם, מַהוּ שֶׁתֵּעָשֶׂה כְּכַרְמְלִית? מִי קַנְסוּהּ רַבָּנַן לְאַהְדּוֹרֵי לְגַבֵּיהּ, אוֹ לָא?

**William Davidson Edition - English:**
However, **Abaye raised a dilemma: What is** the ruling with regard to **the hand of a person** with an object in it, when that person reached his hand into a different domain? Does **it assume *karmelit*** status? A *karmelit* is an intermediate domain established by the Sages that is neither a private nor a public domain. This dilemma is based on the fact that his hand left one domain and did not yet enter a second domain. In terms of practical *halakha*, the two sides of this dilemma are: **Did the Sages penalize him** and issue a rabbinic decree prohibiting him from **bringing** his hand with the object **back to** the domain where **he** is standing **or not?**


###### Shabbat 3b:5
[Shabbat 3b:5](https://torahapp.org/share/book/Shabbat/r/3b:5)

תָּא שְׁמַע: הָיְתָה יָדוֹ מְלֵאָה פֵּירוֹת וְהוֹצִיאָהּ לַחוּץ, תָּנֵי חֲדָא אָסוּר לְהַחֲזִירָהּ, וְתָנֵי אִידַּךְ מוּתָּר לְהַחֲזִירָהּ. מַאי לָאו בְּהָא קָמִיפַּלְגִי? דְּמָר סָבַר כְּכַרְמְלִית דָּמְיָא, וּמָר סָבַר לָאו כְּכַרְמְלִית דָּמְיָא?!

**William Davidson Edition - English:**
The Gemara says: **Come** and **hear** a resolution to this dilemma from that which we learned elsewhere, with regard to the question: What must one in the private domain do in a case where **his hand was filled with fruits and he extended it outside,** into the public domain? **It was taught** in **one** *baraita* that **it is prohibited** for him **to bring it back** into his house, **and it was taught** in **another** *baraita* that **it is permitted** for him **to bring it back. Is it not with regard to this that they disagree; that the Sage** in one *baraita* **holds** that his hand **is like a *karmelit*, and the Sage** in the other *baraita* **holds that it is not like a *karmelit*?**


###### Shabbat 3b:6
[Shabbat 3b:6](https://torahapp.org/share/book/Shabbat/r/3b:6)

לָא, דְּכוּלֵּי עָלְמָא כְּכַרְמְלִית דָּמְיָא, וְלָא קַשְׁיָא: כָּאן, לְמַטָּה מֵעֲשָׂרָה. כָּאן, לְמַעְלָה מֵעֲשָׂרָה.

**William Davidson Edition - English:**
The Gemara rejects this explanation: **No, everyone** agrees that **it is like a *karmelit,* and** yet, this is **not difficult,** as the difference between the *baraitot* can be explained in the following manner: **Here,** the *baraita* prohibiting him from bringing his hand back, is referring to a case where he took it out at a height **below ten** handbreadths off the ground, within the airspace of the public domain. **And there,** the *baraita* permitting him to bring his hand back, is referring to a case where he took it out at a height **above ten** handbreadths off the ground, outside the airspace of the public domain. Consequently, the object is considered to be neither in the public domain nor in a *karmelit*.


###### Shabbat 3b:7
[Shabbat 3b:7](https://torahapp.org/share/book/Shabbat/r/3b:7)

וְאִיבָּעֵית אֵימָא: אִידֵּי וְאִידֵּי לְמַטָּה מֵעֲשָׂרָה וְלָאו כְּכַרְמְלִית דָּמְיָא, וְלָא קַשְׁיָא: כָּאן מִבְּעוֹד יוֹם, כָּאן מִשֶּׁחָשֵׁיכָה. מִבְּעוֹד יוֹם — לָא קַנְסוּהּ רַבָּנַן, מִשֶּׁחָשֵׁיכָה — קַנְסוּהּ רַבָּנַן.

**William Davidson Edition - English:**
**And if you wish, say** instead that **this** *baraita* **and that** *baraita* are both referring to a case where he took his hand out to the public domain at a height **below ten** handbreadths, **and** his hand **is not considered a *karmelit*. And** yet, this is **not difficult.** As **here,** the *baraita* permitting him to bring it back, is referring to a case where he took it out **while it was still day** on Shabbat eve. Since he extended his hand before Shabbat and, in doing so, did nothing wrong, the Sages did not penalize him and permitted him to bring his hand back on Shabbat itself. However, **there,** the *baraita* prohibiting him from bringing it back, is referring to a case where he took it out **after dark,** and Shabbat had already begun. Since there is an element of prohibition involved, the Sages penalized him and prohibited him from bringing it back.


###### Shabbat 3b:8
[Shabbat 3b:8](https://torahapp.org/share/book/Shabbat/r/3b:8)

אַדְּרַבָּה, אִיפְּכָא מִסְתַּבְּרָא! מִבְּעוֹד יוֹם, דְּאִי שָׁדֵי לֵיהּ לָא אָתֵי לִידֵי חִיּוּב חַטָּאת — לִיקְנְסוּהּ רַבָּנַן. מִשֶּׁחָשֵׁיכָה, דְּאִי שָׁדֵי לֵיהּ אָתֵי בְּהוּ לִידֵי חִיּוּב חַטָּאת — לָא לִיקְנְסוּהּ רַבָּנַן.

**William Davidson Edition - English:**
The Gemara comments that this explanation is difficult. **On the contrary, the opposite is reasonable.** In the case where he extended his hand **while it was still day, when** even **were he to throw** the object from his hand into the public domain, **he would not incur liability** to bring a **sin-offering** because the object was lifted from its place on a weekday, **let the Sages penalize him.** However, in the case where he extended his hand after dark, **where were he to throw** the object from his hand into the public domain, **he would** thereby **incur liability** to bring a **sin-offering, let the Sages not penalize him.** Were the Sages to penalize him by prohibiting him from bringing his hand back, he is liable to drop the object in the public domain, and by doing so he would violate a Torah prohibition.


###### Shabbat 3b:9
[Shabbat 3b:9](https://torahapp.org/share/book/Shabbat/r/3b:9)

וּמִדְּלָא קָא מְשַׁנִּינַן הָכִי, תִּפְשׁוֹט דְּרַב בִּיבִי בַּר אַבָּיֵי. דְּבָעֵי רַב בִּיבִי בַּר אַבָּיֵי: הִדְבִּיק פַּת בַּתַּנּוּר, הִתִּירוּ לוֹ לִרְדּוֹתָהּ קוֹדֶם שֶׁיָּבֹא לִידֵי חִיּוּב חַטָּאת, אוֹ לֹא הִתִּירוּ?

**William Davidson Edition - English:**
**And from** the fact that **we did not explain it that way,** but preferred the contrary distinction, **resolve** the dilemma raised by **Rav Beivai bar Abaye,** whose dilemma is predicated on the same fundamental issue. **As Rav Beivai bar Abaye raised the dilemma: One who** unwittingly **stuck bread in the oven** on Shabbat, as bread was baked by sticking the dough to the sides of a heated oven, **did they permit him to** override a rabbinic prohibition and **remove it** from the oven before it bakes, i.e., **before he incurs liability** to bring a **sin-offering** for baking bread on Shabbat, **or did they not permit** him to do so? Removing the bread is also prohibited on Shabbat. However, its prohibition is only by rabbinic law. The fundamental dilemma is: May one violate a rabbinical prohibition in order to avoid violating a Torah prohibition or not?


###### Shabbat 3b:10
[Shabbat 3b:10](https://torahapp.org/share/book/Shabbat/r/3b:10)

תִּפְשׁוֹט דְּלֹא הִתִּירוּ. הָא לָא קַשְׁיָא, וְתִפְשׁוֹט.

**William Davidson Edition - English:**
Based on the above, **resolve** that the Sages **did not permit** one to do so. In resolving Abaye’s dilemma, the concern that one would likely throw the object from his hand, and thereby violate a Torah prohibition, was not taken into consideration. The one who extended his hand into the public domain was penalized by the Sages and prohibited to bring his hand back. Here too, resolve the dilemma and say that he may not remove the bread, even though he will thereby violate a Torah prohibition. The dilemma of Rav Beivai bar Abaye, which was thought to be unresolved, is thereby resolved. As a result, there is room for uncertainty whether or not the resolution of the previous dilemma, through which Rav Beivai’s dilemma would also be resolved, is valid. The Gemara rejects this difficulty: **That is not difficult.** It is possible that even though a resolution had not been previously found for the dilemma of Rav Beivai bar Abaye, that does not mean that it cannot be resolved **And,** indeed, as proof can be brought from the resolution of the other dilemma, **resolve** this dilemma as well.


###### Shabbat 3b:11
[Shabbat 3b:11](https://torahapp.org/share/book/Shabbat/r/3b:11)

וְאִיבָּעֵית אֵימָא, לְעוֹלָם לָא תִּפְשׁוֹט, וְלָא קַשְׁיָא: כָּאן בְּשׁוֹגֵג, כָּאן בְּמֵזִיד. בְּשׁוֹגֵג — לָא קַנְסוּהּ רַבָּנַן. בְּמֵזִיד קַנְסוּהּ רַבָּנַן.

**William Davidson Edition - English:**
**And if you wish, say** instead: **Actually, do not resolve** the dilemma, but, nevertheless, resolve the contradiction between the *baraitot* in the following manner. **Here,** the *baraita* that taught that it is permitted to bring one’s hand back is referring to a case where he extended it **unwittingly. There,** the *baraita* that taught that it is prohibited for one to bring it back is referring to a case where he took it out **intentionally.** When he took it out **unwittingly, the Sages did not penalize him.** When he took it out **intentionally, the Sages penalized him** and prohibited him from bringing it back.


###### Shabbat 3b:12
[Shabbat 3b:12](https://torahapp.org/share/book/Shabbat/r/3b:12)

וְאִיבָּעֵית אֵימָא, אִידֵּי וְאִידֵּי בְּשׁוֹגֵג, וְהָכָא בְּקָנְסוּ שׁוֹגֵג אַטּוּ מֵזִיד קָמִיפַּלְגִי: מָר סָבַר קָנְסוּ שׁוֹגֵג אַטּוּ מֵזִיד. וּמָר סָבַר לֹא קָנְסוּ שׁוֹגֵג אַטּוּ מֵזִיד.

**William Davidson Edition - English:**
**And if you wish, say** instead, in order to resolve the contradiction that **this** *baraita* **and that** *baraita* **are** both referring to a case where he took his hand out **unwittingly. And here they disagree** with regard to the question: Did the Sages **penalize** an **unwitting** offender **due to an intentional** offender? **The Sage** who prohibits him from bringing his hand back **holds** that **they penalized** an **unwitting** offender **due to an intentional** offender. Therefore, even though he took his hand out unwittingly, they penalized him and prohibited him from bringing the object back so that he would not come to do so intentionally. **The Sage** who permits him to bring it back **holds** that **they did not penalize** an **unwitting** offender **due to an intentional** offender. Therefore, they did not prohibit him from bringing it back.


###### Shabbat 3b:13
[Shabbat 3b:13](https://torahapp.org/share/book/Shabbat/r/3b:13)

וְאִיבָּעֵית אֵימָא, לְעוֹלָם לֹא קָנְסוּ, וְלָא קַשְׁיָא: כָּאן לְאוֹתָהּ חָצֵר,

**William Davidson Edition - English:**
**And if you wish, say** instead that, **actually, they did not penalize** an unwitting offender due to an intentional offender, **and** still, this is **not difficult,** and there is no contradiction. **Here,** the *baraita* that permits bringing it back, is referring to bringing it back **to the same courtyard** where he is standing.