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Bais HaVaad on the Parsha, Parshas Vayakhel-Shkalim

Adjudication Withheld


Excerpted and adapted from a
shiur by Rav Moshe Yitzchok Weg

February 24, 2022

 

 

Do not kindle fire in all of your settlements on the day of Shabbos.

Shmos 35:3

The Yerushalmi (Sanhedrin 4:6) derives from this pasuk via a gzeirah shavah that bais din may not judge on Shabbos. This would make this a din de’Oreisa. But the Gemara in Beitzah 37a says it is a gzeirah mideRabanan due to concern that the bais din might write. How do we understand this discrepancy between the Bavli and the Yerushalmi?

The Aruch Hashulchan (O.C. 339:10) says the Bavli and Yerushalmi disagree. The Rambam (Sefer Hamitzvos, Lavin 322) holds they don’t; there is an issur de’Oreisa to administer punishment on Shabbos and an issur deRabanan to judge on Shabbos.[1] The Chasam Sofer (Shabbos 157a) says that it is asur mide’Oreisa for bais din to administer punishment on Shabbos, but the issur deRabanan to judge on Shabbos is because judging on Shabbos may lead to punishing on Shabbos.[2]

[1] See also Rambam, Hilchos Shabbos 23:14 and 24:7, and Mishnah Brurah 339:11 and 13.

[2] According to the Chasam Sofer, no gzeirah intended to prevent writing applies to bais din, because each dayan will remind the others not to write. He interprets the Gemara in Beitzah concerning the gzeirah to prevent writing as referring only to a yachid mumcheh (an expert dayan judging alone).

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