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Shabbos 70


QUESTION: The Gemara says that Shmuel learns the concept of Chiluk Melachos (that doing multiple Melachos on a single Shabbos will be Mechayev him to bring multiple Korbanos) from the verse "Mechaleleha *Mos Yumas*" -- "He who desecrates Shabbos *shall die, he shall die*" (Shemos 31:14), which implies that one who desecrates Shabbos is Chayav more than one death. This means, according to Shmuel, that one is Chayav more than one *Korban* for desecrating the Shabbos inadvertently, by doing multiple Melachos. The Gemara points out that even though the simple meaning of the verse is that he is Chayav more than one death for desecrating Shabbos intentionally, we may nevertheless use this verse to teach us about inadvertent desecration, because there is another verse that teaches us the Chiyuv for one who desecrates Shabbos intentionally.

Why does the Gemara have to prove that the verse is not talking about death for intentionally desecrating Shabbos from the fact that there is another verse teaching the same thing? Even without that proof, it cannot possibly be referring to an intentional transgression, because a person cannot be punished with two deaths!


(a) TOSFOS (DH Im Eino) answers that if it were not for the other verse teaching us the punishment for one who intentionally transgresses, we would have said that this verse is teaching that one who intentionally transgresses a Melachah of Shabbos is punished with death, and when it says "Mos Yumas," it is merely speaking the way people speak (and it does not mean that one gets two deaths). Now, however, that we prove that the verse is teaching us about someone who transgressed inadvertently, we understand the extra words "Mos Yumas" to be teaching us something (that is, that it is possible to be Chayav to bring more than one Korban Chatas).

(b) The RITVA explains as follows. The Gemara in Sanhedrin teaches that if someone has been sentenced to death by Sekilah, and when Beis Din tries to execute him, he flees, Beis Din has the right to kill him however they can (e.g. by shooting an arrow). That is what this verse would have been teaching had it been talking about an intentional transgression -- that is, the person is punishable with *two types* of death. (Shmuel, who uses this verse to teach Chiluk Melachos, learns the Halachah in Sanhedrin from a different verse. See RASHASH and RA'M HOROWITZ, who add that the verse cited in our Gemara should be "*Kol ha'Oseh Melachah*... Mos Yumas" (Shemos 31:15) instead of "*Mechaleleha* Mos Yumas" (Shemos 31:14), see also RITVA.)


OPINIONS: Rav Nachman and Rav Ashi argue in case where a person forgot both that it was Shabbos and that this act is forbidden on Shabbos. Rav Nachman says that he is Chayav only one Korban, because it was his Ha'alamah of Shabbos that caused him to sin, while Rav Ashi says that it depends on what we determine his Ha'alamah to have been; if he ceases from doing the transgression when we tell him that today is Shabbos, then he is Chayav only one Korban (because his sin was done in He'elem Shabbos). If he ceases when we tell him that what he is doing is a Melachah, then he is Chayav to bring a Korban for each Melachah that he did (He'elem Melachos).
(a) RASHI (DH Iy) explains that if we tell him that it is Shabbos and as a result he stops doing Melachah, then that shows that he was acting in He'elem Shabbos, and he is Chayav to bring only one Korban. Similarly, if we tell him that performing the Melachah on Shabbos is forbidden and as a result he stops doing Melachah, we know that his Ha'alamah was He'elem Melachah and he is Chayav to bring two Korbanos (or a Korban for every Melachah that he performed)..

(b) TOSFOS (DH Chazinan) quotes the RI and RASHBA who explain that ceasing from Melachah when being told that today is Shabbos is not sufficient determine that it was He'elem Shabbos that caused him to transgress. Perhaps if we would have told him that what he is doing is considered Melachah, he would have stopped just as well! Rather, we have to ask the person, "Had we told you about the other aspect of your Ha'alamah (either Shabbos or Melachos), would you have ceased doing Melachah?" If he says that "this factor caused me to cease from Melachah, but the other factor would not have caused me to cease," that is acceptable information to show us what his Ha'alamah was and, consequently, if he is Chayav to bring one Korban or two.

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