זָכ֛וֹר֩ אֶת־י֥֨וֹם הַשַּׁבָּ֖֜ת לְקַדְּשֽׁ֗וֹ׃ (ט) שֵׁ֤֣שֶׁת יָמִ֣ים֙ תַּֽעֲבֹ֔ד֮ וְעָשִׂ֖֣יתָ כׇּֿל־מְלַאכְתֶּֽךָ֒׃ (י) וְי֨וֹם֙ הַשְּׁבִיעִ֔֜י שַׁבָּ֖֣ת ׀ לַיהוה אֱלֹהֶ֑֗יךָ לֹֽ֣א־תַעֲשֶׂ֣֨ה כׇל־מְלָאכָ֜֡ה אַתָּ֣ה ׀ וּבִנְךָ֣͏ֽ־וּ֠בִתֶּ֗ךָ עַבְדְּךָ֤֨ וַאֲמָֽתְךָ֜֙ וּבְהֶמְתֶּ֔֗ךָ וְגֵרְךָ֖֙ אֲשֶׁ֥֣ר בִּשְׁעָרֶֽ֔יךָ׃ (יא) כִּ֣י שֵֽׁשֶׁת־יָמִים֩ עָשָׂ֨ה יהוה אֶת־הַשָּׁמַ֣יִם וְאֶת־הָאָ֗רֶץ אֶת־הַיָּם֙ וְאֶת־כׇּל־אֲשֶׁר־בָּ֔ם וַיָּ֖נַח בַּיּ֣וֹם הַשְּׁבִיעִ֑י עַל־כֵּ֗ן בֵּרַ֧ךְ יהוה אֶת־י֥וֹם הַשַּׁבָּ֖ת וַֽיְקַדְּשֵֽׁהוּ׃
(1) God spoke all these words, saying: (2) I יהוה am your God who brought you out of the land of Egypt, the house of bondage: (3) You shall have no other gods besides Me. (4) You shall not make for yourself a sculptured image, or any likeness of what is in the heavens above, or on the earth below, or in the waters under the earth. (5) You shall not bow down to them or serve them. For I your God יהוה am an impassioned God, visiting the guilt of the parents upon the children, upon the third and upon the fourth generations of those who reject Me. (6) but showing kindness to the thousandth generation of those who love Me and keep My commandments. (7) You shall not swear falsely by the name of your God יהוה; for יהוה will not clear one who swears falsely by God’s name. (8) Remember the sabbath day and keep it holy. (9) Six days you shall labor and do all your work, (10) but the seventh day is a sabbath of your God יהוה: you shall not do any work—you, your son or daughter, your male or female slave, or your cattle, or the stranger who is within your settlements. (11) For in six days יהוה made heaven and earth and sea—and all that is in them—and then rested on the seventh day; therefore יהוה blessed the sabbath day and hallowed it. (12) Honor your father and your mother, that you may long endure on the land that your God יהוה is assigning to you. (13) You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor. (14) You shall not covet your neighbor’s house: you shall not covet your neighbor’s wife, or male or female slave, or ox or ass, or anything that is your neighbor’s. (15) All the people witnessed the thunder and lightning, the blare of the horn and the mountain smoking; and when the people saw it, they fell back and stood at a distance. (16) “You speak to us,” they said to Moses, “and we will obey; but let not God speak to us, lest we die.” (17) Moses answered the people, “Be not afraid; for God has come only in order to test you, and in order that the fear of God may be ever with you, so that you do not go astray.” (18) So the people remained at a distance, while Moses approached the thick cloud where God was. (19) יהוה said to Moses: Thus shall you say to the Israelites: You yourselves saw that I spoke to you from the very heavens: (20) With Me, therefore, you shall not make any gods of silver, nor shall you make for yourselves any gods of gold. (21) Make for Me an altar of earth and sacrifice on it your burnt offerings and your sacrifices of well-being, your sheep and your oxen; in every place where I cause My name to be mentioned I will come to you and bless you. (22) And if you make for Me an altar of stones, do not build it of hewn stones; for by wielding your tool upon them you have profaned them. (23) Do not ascend My altar by steps, that your nakedness may not be exposed upon it.
(יב) שֵׁ֤שֶׁת יָמִים֙ תַּעֲשֶׂ֣ה מַעֲשֶׂ֔יךָ וּבַיּ֥וֹם הַשְּׁבִיעִ֖י תִּשְׁבֹּ֑ת לְמַ֣עַן יָנ֗וּחַ שֽׁוֹרְךָ֙ וַחֲמֹרֶ֔ךָ וְיִנָּפֵ֥שׁ בֶּן־אֲמָתְךָ֖ וְהַגֵּֽר׃
(12) Six days you shall do your work, but on the seventh day you shall cease from labor, in order that your ox and your ass may rest, and that your home-born slave and the stranger may be refreshed.
(יב) שָׁמ֛֣וֹר אֶת־י֥וֹם֩ הַשַּׁבָּ֖֨ת לְקַדְּשׁ֑֜וֹ כַּאֲשֶׁ֥ר צִוְּךָ֖֣ ׀ יהוה אֱלֹהֶֽ֗יךָ׃שֵׁ֤֣שֶׁת יָמִ֣ים֙ תַּֽעֲבֹ֔ד֮ וְעָשִׂ֖֣יתָ כׇּֿל־מְלַאכְתֶּֽךָ֒׃ וְי֨וֹם֙ הַשְּׁבִיעִ֔֜י שַׁבָּ֖֣ת ׀ לַיהוה אֱלֹהֶ֑֗יךָ לֹ֣א תַעֲשֶׂ֣ה כׇל־מְלָאכָ֡ה אַתָּ֣ה וּבִנְךָֽ־וּבִתֶּ֣ךָ וְעַבְדְּךָֽ־וַ֠אֲמָתֶךָ וְשׁוֹרְךָ֨ וַחֲמֹֽרְךָ֜ וְכׇל־בְּהֶמְתֶּ֗ךָ וְגֵֽרְךָ֙ אֲשֶׁ֣ר בִּשְׁעָרֶ֔יךָ לְמַ֗עַן יָנ֛וּחַ עַבְדְּךָ֥ וַאֲמָתְךָ֖ כָּמֽ֑וֹךָ׃ וְזָכַרְתָּ֗֞ כִּ֣י־עֶ֤֥בֶד הָיִ֣֙יתָ֙ ׀ בְּאֶ֣רֶץ מִצְרַ֔֗יִם וַיֹּצִ֨אֲךָ֜֩ יהוה אֱלֹהֶ֤֙יךָ֙ מִשָּׁ֔ם֙ בְּיָ֥֤ד חֲזָקָ֖ה֙ וּבִזְרֹ֣עַ נְטוּיָ֑֔ה עַל־כֵּ֗ן צִוְּךָ֙ יהוה אֱלֹהֶ֔יךָ לַעֲשׂ֖וֹת אֶת־י֥וֹם הַשַּׁבָּֽת׃
(12) Observe the sabbath day and keep it holy, as your God יהוה has commanded you.
מלאכת נכרי דאורייתא או דרבנן?

כל מלאכה לא יעשה בהם - לא תעשה אתה, ולא יעשה חברך, (ולא) יעשה נכרי מלאכתך. אתה אומר כן, או אינו [אלא] לא תעשה אתה ולא חברך, (ויעשה) נכרי מלאכתך? – תלמוד לומר (ששת ימים תעשה מלאכה וגו') הא למדת, כל מלאכה לא יעשה בהם – לא תעשה אתה ולא יעשה חברך (ולא) יעשה נכרי מלאכתך, דברי רבי יאשיה.
"All labor shall not be done in them": Neither you nor your neighbor shall do it, but a gentile may do it (for you). You say this, but perhaps the meaning is: Neither you, nor your neighbor, nor a gentile may do your work? It is, therefore, written (Leviticus 23:7) "All manner of work you shall not do," but a gentile may do your work. Therefore, (the meaning here is) You shall not do it, and your neighbor shall not do it, but a gentile may do it for you. These are the words of R. Yoshiyah. R. Yonathan says: This (derivation) is not needed. Is it not already written (Exodus 20:8) "Remember the Sabbath day to keep it holy, etc." Now does this not follow a fortiori, viz.: If on a Sabbath, the greater, you are not exhorted against the work of a gentile for you, how much more so on a festival, the lesser! If so, what is the intent of "All labor shall not be done in them"? Neither you nor your neighbor shall do it (for you). This tells me only of a festival. Whence do I derive (the same for) Sabbath, that your neighbor may not do it for you? __ Would you ask that? If you are exhorted against his doing it (for you) on a festival, the lesser, how much more so on Sabbath, the greater!
אבל מצאתי במכילתא (כאן) כל מלאכה לא יעשה בהם, לא תעשה אתה, ולא יעשה חברך, ולא יעשה גוי מלאכתך אתה אומר לא תעשה אתה ולא יעשה חברך ולא יעשה גוי מלאכתך, או לא תעשה אתה ולא יעשה חברך ולא יעשה גוי מלאכתו, תלמוד לומר ששת ימים תעשה מלאכה (ויקרא כג ג), הא לא תעשה אתה ולא יעשה חברך אבל יעשה גוי מלאכתו. דברי ר' יאשיה[...] ע''כ בברייתא זו. ובודאי היא אסמכתא בעלמא שבאו לאסור מדבריהם אמירה במלאכת שלנו, וסמכו אותה למקרא הזה, אבל במלאכת הגוי בשלו מותר.
NO MANNER OF WORK SHALL BE DONE IN THEM. Rashi commented: “Even by the agency of others.”
I do not understand this. If these “others” are Israelites, they themselves are commanded not to work on the Festival, and I am not bound to ensure that my work is not done through them. It is only where one deceives another in a matter which is prohibited — whether it be in the deceiver’s work or in that of the deceived that the deceiver transgresses the prohibition, Before the blind do not put a stumbling-block. And if these “others” are non-Israelites, we are by law of the Torah not admonished at all against their working either on a Festival or on a Sabbath, except that there is a prohibition by the Rabbis if we tell him [the non-Israelite] to do the work, just as the Rabbis have said: “Telling a non-Israelite [to do work on the Sabbath or Festival] is prohibited by law of the Rabbis,” and this is a principle clearly established in the Gemara. [How then could Rashi derive this principle of prohibiting telling a non-Israelite to do work for us on a Festival from a verse in the Torah, when it is only prohibited by Rabbinic law?]
However, I have found this text in the Mechilta: “No manner of work shall be done in them. This means that neither you nor your fellow-Israelite shall do any work, nor shall a non-Israelite do your work. You so interpret it to mean that neither you nor your fellow-Israelite shall do any work, nor shall a non-Israelite do your work, but perhaps it rather means that neither you nor your fellow-Israelite shall do any work, and the non-Israelite shall not do even his own work! Scripture therefore says, Six days shall work be done. This teaches that neither you nor your fellow-Israelite shall do any work [on the Sabbath], but the non-Israelite may do his own work. These are the words of Rabbi Yashiya. Rabbi Yonathan says that there is no need for this proof. Has it not already been said, Six days shalt thou labour, and do all thy work? Now by the syllogism of kal vachomer, we proceed as follows: If on the Sabbath, in regard to which the Torah is so strict, you are not admonished against a non-Israelite’s work as you are against your own work, [it is logical to assume that on a Festival-day, in regard to which the Torah is not so strict — inasmuch as preparation of food is permitted on a Festival-day but not on the Sabbath — you are surely not admonished against a non-Israelite’s work as you are against your own work].” Thus far extends the text of this Beraitha. Now surely this is but a case of a mere asmachta, [a Scriptural text used as a mere support for a Rabbinical enactment]. Since they aimed to prohibit, by law of the Rabbis, telling a non-Israelite to do our work [on a Sabbath or Festival], they used this verse as a support, [but it is actually a Rabbinical law]. It is however permissible for a non-Israelite to do his own work. And thus we incidentally learn that the Rabbinical enactment against telling a non-Israelite to do work applies only to doing our work, but one may tell him to do his own work and he may do it. So did Rashi explain it in the Gemara of [Tractate] Baba Metzia.
There in the Mechilta it further says: “I know only that work which can be regarded as labor is prohibited. Whence do we learn that activities which are prohibited by Rabbinical enactment [are also forbidden]? Scripture therefore says, And ye shall observe this day, including all activities prohibited by Rabbinical law.” Now Beraithoth like these, [if not accompanied by a proper interpretation], may lead one into a mistaken opinion and should not be quoted literally, for this Beraitha too apparently is a mere asmachta, and I have a correct interpretation thereof. I will yet discuss it, with the help of G-d.
אָסוּר לוֹמַר לְנָכְרִי לַעֲשׂוֹת לָנוּ מְלָאכָה בְּשַׁבָּת אַף עַל פִּי שֶׁאֵינוֹ מְצֻוֶּה עַל הַשַּׁבָּת. וְאַף עַל פִּי שֶׁאָמַר לוֹ מִקֹּדֶם הַשַּׁבָּת. וְאַף עַל פִּי שֶׁאֵינוֹ צָרִיךְ לְאוֹתָהּ מְלָאכָה אֶלָּא לְאַחַר הַשַּׁבָּת. וְדָבָר זֶה אָסוּר מִדִּבְרֵי סוֹפְרִים כְּדֵי שֶׁלֹּא תִּהְיֶה שַׁבָּת קַלָּה בְּעֵינֵיהֶן וְיָבוֹאוּ לַעֲשׂוֹת בְּעַצְמָן:
It is forbidden for us to tell a gentile to perform work on the Sabbath on our behalf, although they are not commanded [to observe] the Sabbath. [This applies] even when the instructions were conveyed to them before the Sabbath and we do not require [the products of] their work until after the Sabbath.
The above is forbidden as a Rabbinical prohibition to prevent the people from regarding the Sabbath lightly, lest they perform [forbidden] labor themselves.
(ב) נָכְרִי שֶׁעָשָׂה מְלָאכָה מֵעַצְמוֹ בְּשַׁבָּת אִם בִּשְׁבִיל יִשְׂרָאֵל עָשָׂה אוֹתָהּ אָסוּר לֵהָנוֹת בְּאוֹתָהּ מְלָאכָה עַד מוֹצָאֵי שַׁבָּת וְיַמְתִּין בִּכְדֵי שֶׁתֵּעָשֶׂה. וְהוּא שֶׁלֹּא יְהֵא הַדָּבָר בְּפַרְהֶסְיָא עַד שֶׁיֵּדְעוּ בּוֹ רַבִּים שֶׁדָּבָר זֶה בִּשְׁבִיל פְּלוֹנִי הוּא נַעֲשָׂה בְּשַׁבָּת. וְאִם בִּשְׁבִיל עַצְמוֹ בִּלְבַד עָשָׂה מֻתָּר לֵהָנוֹת בָּהּ בְּשַׁבָּת:
(2) [The following rules apply] when a gentile performs a [forbidden] labor on the Sabbath on his own accord: If he performed it on behalf of a Jew, it is forbidden to benefit from that labor until one waits the amount of time necessary to perform the labor on Saturday night.
[The latter leniency is granted] provided the matter is not public notice - i.e., everyone knows that a particular task is being performed for a person on the Sabbath.
If [the gentile] performed [the labor] for his own sake alone, it is permitted to benefit from it on the Sabbath.
מלאכת גוי / כיצד מותר להיעזר במלאכת גוי עבור יהודי
Melakha Performed by a Non-Jew / Making Use of a Melakha Performed on Shabbat for a Jew
מלאכת גוי / לצורך מצווה וצורך גדול
Melakha Performed by a Non-Jew / For the Sake of a Mitzva or for a Great Need
מלאכת גר תושב בשבת
דת"ר גר תושב מותר לעשות מלאכה בשבת לעצמו כישראל בחולו של מועד. ר"ע אומר כישראל בי"ט. ר' יוסי אומר גר תושב עושה בשבת לעצמו כישראל בחול. רש"א ואחד גר תושב ואחד [עובד כוכבים] עבד ואמה התושבים עושין מלאכה בשבת לעצמן כישראל בחול:
The baraita continues: One might have thought that I include as an option even a meal offering, which would not be entirely consumed on the altar. Therefore, the verse states: “So he shall do,” to exclude a meal offering.It is taught in anotherbaraita: The verse states: “And if a stranger sojourn with you, or whoever may be among you, throughout your generations, and will offer an offering made by fire, of a pleasing aroma unto the Lord, as you do, so he shall do” (Numbers 15:14).From this verse I would derive that he fulfills his obligation with any offering that is brought on the fire of the altar, even a meal offering. Therefore, to negate that interpretation, the verse states: “As you do, so he shall do,” which teaches that just as you entered the covenant with types of offerings whose blood is sprinkled on the altar, so too must they, converts, bring types of offerings whose blood is sprinkled on the altar.The baraita continues: If so, why not derive similarly: Just as you entered the covenant with a burnt offering and a peace offering, so too, they must enter the covenant with a burnt offering and a peace offering? How is it derived that a convert may fulfill his obligation with a single burnt offering from an animal? The baraita answers that the verse states: “As you are, so shall the stranger be before the Lord” (Numbers 15:15). This serves to emphasize: I compared him to you in order to derive that just like you, he too must bring types of offerings whose blood is sprinkled on the altar, but I did not extend this comparison to another matter, i.e., to insist that his offerings must be identical to all of your offerings.The baraita continues: Rabbi Yehuda HaNasi says: The offering of a convert is derived from the verse: “As you are, so shall the stranger be” (Numbers 15:15), which means as your ancestors were: Just as your ancestors entered the covenant only through circumcision and immersion in a ritual bath and the sprinkling of blood on the altar, so too they may enter the covenant only through circumcision and immersion and the sprinkling of some blood, which requires at least a bird offering.The baraita adds: And it is impossible to bring only one young bird as an offering, as we have not found an offering of a single bird anywhere in the entire Torah. Consequently, if the requirement for the sprinkling of blood is fulfilled with a bird offering, the convert must bring at least two birds. By contrast, if he chooses he may bring a single animal as a burnt offering, because a bird nest was stated in the Torah only in order to be lenient for him.The Gemara challenges Rabbi Yehuda HaNasi’s statement: And is it true that we have not found an offering of an individual bird anywhere in the Torah? But isn’t it taught in a baraita: The verse states with regard to a bird sacrificed as a burnt offering: “And the priest shall sacrifice it” (Leviticus 1:15). Why must the verse state this? Since it is stated about doves: “And he shall sacrifice his offering of doves” (Leviticus 1:14), in the plural, I might derive from here that the one who says: It is incumbent upon me to bring a bird as a burnt offering, shall not bring less than two young birds. Therefore, the verse states: “And the priest shall sacrifice it” (Leviticus 1:15), in the singular, to teach that one may bring a gift offering of even one single young bird. The Gemara responds: In any event, we have not found an obligatory offering of just one bird.The Gemara challenges this assertion as well: But isn’t there the offering of a woman after childbirth, who brings a single pigeon or dove as a sin offering (Leviticus 12:6)? The Gemara answers: This is not difficult, because in that case there is a lamb with it as part of her offerings; the bird is not brought as a complete offering by itself.The Gemara returns to the main part of Rabbi Yehuda HaNasi’s statement. The Master said: Just as your ancestors entered the covenant only through circumcision, immersion in a ritual bath, and the sprinkling of blood, converts must do the same. The Gemara objects: Granted, they underwent circumcision prior to entering the covenant, as it is written: “For all the nation that left Egypt was circumcised” (Joshua 5:5). Alternatively, it may be derived from here, a verse describing the redemption from Egypt: “And when I passed by you, and saw you wallowing in your blood, I said unto you: In your blood, live; and I said unto you: In your blood, live” (Ezekiel 16:6). The Sages interpret the double mention of blood in this verse as referring to the blood of the Paschal offering and the blood of circumcision.The Gemara continues: And granted as well, they entered the covenant through the sprinkling of blood, as it is written: “And he sent the young men of the children of Israel, and they sacrificed burnt offerings, and they sacrificed peace offerings” (Exodus 24:5). The Gemara asks: But from where do we derive that immersion in a ritual bath was also part of the process of entering the covenant? The Gemara answers: As it is written: “And Moses took half the blood…and sprinkled it on the people” (Exodus 24:6–8), and there is no sprinkling of sacrificial blood without immersion.The Gemara objects: If that is so, that these three rituals are required by Torah law for a convert to enter the congregation, then now, in our time, when there are no offerings, we not should have the ability to accept converts. In response, Rav Aḥa bar Ya’akov says that the verse states: “And if a stranger sojourn with you, or whosoever may be among you, throughout your generations” (Numbers 15:14). This teaches that converts may be accepted throughout the generations, even when there is no Temple and sacrificial offerings are therefore impossible.§ With regard to the offerings of a convert, the Sages taught in a baraita: A convert in the present time is required to set aside a quarter of a dinar for his bird nest, so that when the Temple is rebuilt he can purchase the offering with this money. Rabbi Shimon says: Rabban Yoḥanan ben Zakkai already assembled a panel of Sages who voted and nullified this ordinance, due to a potential mishap. If one would inadvertently use such money, he would be liable for the misuse of consecrated property. Rav Idi bar Gershom says that Rav Adda bar Ahava says: The halakha is in accordance with the opinion of Rabbi Shimon, who says that a convert should not set aside money for the purchase of offerings.The Gemara comments: And there are those who teach this statement of Rav Adda bar Ahava with regard to this case, as the Sages taught in a baraita: A gentile who resides in Eretz Yisrael and observes the seven Noahide mitzvot [ger toshav] is permitted to perform labor on Shabbat for himself in the same manner that a Jew is permitted to perform labor on the intermediate days of a Festival, i.e., only for matters that, if unattended, will result in significant loss.The baraita continues: Rabbi Akiva says: A ger toshav may perform labor on Shabbat in the same manner that a Jew is permitted to perform labor on a Festival, i.e., only for the purpose of preparing food. Rabbi Yosei says: A ger toshav may perform labor on Shabbat for himself in the same manner that a Jew is permitted to perform labor on a weekday. Rabbi Shimon says: Both a ger toshav and a resident male or female slave may perform labor on Shabbat for themselves in the same manner that a Jew may perform labor on a weekday. According to this tradition, it is in relation to this baraita that Rav Adda bar Ahava said that the halakha is in accordance with the opinion of Rabbi Shimon.MISHNA:These individuals bring an offering for an intentional transgression in the same manner as they do for an unwitting transgression: One who engages in intercourse with an espoused maidservant, who is liable to bring a guilt offering (see Leviticus 19:20–22); and a nazirite who became ritually impure, who is required to bring a sheep as a guilt offering and two doves or two pigeons, one as a sin offering and one as a burnt offering (see Numbers 6:9–12); and one who falsely takes the oath of testimony, asserting that he does not have any testimony to provide on a given issue (see Leviticus 5:1); and one who falsely takes the oath on a deposit, asserting that an item belonging to another is not in his possession (see Leviticus 5:21–26).There are five individuals who bring one offering for several transgressions, i.e., for violating the same transgression several times; and there are five individuals who bring a sliding-scale offering, which is determined based on the financial status of the sinner. These are the five individuals who bring one offering for several transgressions: First, one who engages in several acts of intercourse with an espoused maidservant, and second, a nazirite who became ritually impure due to several instances of contact with ritual impurity.gemara The mishna teaches that one who engages in intercourse with an espoused maidservant brings an offering for an intentional transgression as he does for an unwitting transgression. The Gemara asks: From where do we derive this?As the Sages taught in a baraita: The verse states: “And the priest shall make atonement for him with the ram of the guilt offering before the Lord for his sin that he has sinned” (Leviticus 19:22). The superfluous phrase: That he has sinned, teaches that he brings one offering for several transgressions. Furthermore, the verse concludes: “With the ram of the guilt offering before the Lord for his sin that he has sinned; and he shall be forgiven for his sin that he has sinned.” The second occurrence of the phrase “that he has sinned” serves to render the halakha with regard to an unwitting transgression the same as it is with regard to an intentional transgression, that one brings a guilt offering in either case.§ The mishna teaches: A nazirite who became ritually impure brings an offering for an intentional transgression as he does for an unwitting transgression. The Gemara asks: From where do we derive this?The Gemara answers: It is as it is written with regard to a nazirite: “And if any man die unexpectedly [befeta], suddenly [pitom] beside him” (Numbers 6:9). When the verse states: “Unexpectedly,” this is referring to an unwitting transgression, and similarly, it states: “But if he thrust him unexpectedly without enmity” (Numbers 35:22). And when the verse states: “Suddenly,” this is referring to circumstances beyond his control, and similarly, it states: “And the Lord spoke suddenly to Moses, and to Aaron, and to Miriam: Come out you three to the Tent of Meeting. And they three came out” (Numbers 12:4). The Lord’s speech came to them suddenly, in a manner that was beyond their control.It is taught in anotherbaraita: “Suddenly”; this is referring to an intentional transgression, and similarly the verse states: “A prudent man sees the evil, and hides himself; but the thoughtless pass on, and are punished” (Proverbs 22:3). The tanna interprets the expression “the thoughtless [peta’im]” as related to the word “suddenly [pitom],” and one can be punished, as the thoughtless are punished in the verse, but only for an intentional transgression.The Gemara objects: Let the verse write simply: “Suddenly [pitom],” as this term indicates unwitting transgression, and it also indicates intentional transgression, and it also indicates transgression due to circumstances beyond his control. The Gemara elaborates: “Suddenly” indicates intentional transgression and transgression due to circumstances beyond his control, as the tannasaid in the baraitot earlier; and it also indicates unwitting transgression, as it is written: “The thoughtless one [peti] believes every word” (Proverbs 14:15), and because he is misinformed, his transgression is unwitting. And if so, let the verse not write: Unexpected [peta].The Gemara explains: If the verse had written only “suddenly,” which indicates unwitting transgression, and also indicates intentional transgression, and also indicates transgression due to circumstances beyond his control, I would say: When a nazirite brings an offering, it is in a situation where he transgressed unwittingly, as is the case for all mitzvot in the entire Torah, that one is generally liable to bring an offering for an unwitting transgression; but for a transgression due to circumstances beyond his control or an intentional transgression, I would say the nazirite is not liable to bring an offering.Therefore, the Merciful One wrote: Unexpected, which is a term that indicates unwitting transgression, in order to reveal about the word “suddenly” that it is a term that indicates transgression due to circumstances beyond his control or intentional transgression. Consequently, it teaches that even in this case the Merciful One rendered him liable to bring an offering.§ The mishna teaches that one who falsely takes the oath of testimony brings an offering for an intentional transgression in the same manner as he does for an unwitting transgression. The Gemara asks: From where do we derive this halakha? The Gemara answers that it is as the Sages taught in a baraita: With regard to all those who are liable to bring a sliding-scale offering, it is stated: “And it be hid from him” (see Leviticus 5:2–4). But here, with regard to the oath of testimony (Leviticus 5:1), it is not stated: And it be hid from him. This omission serves to render him liable for an unwitting transgression in the same manner as an intentional transgression.The mishna teaches that one who falsely takes the oath on a deposit brings an offering for an intentional transgression as he does for an unwitting transgression. The Gemara asks: From where do we derive this halakha? The Gemara answers: The tannaderives it from a verbal analogy between the term “shall sin,” stated with regard to an oath on a deposit (Leviticus 5:21), and the term “shall sin,” stated with regard to the oath of testimony (Leviticus 5:1). It is derived from this verbal analogy that just as in the case of the oath of testimony one is liable for committing an intentional transgression in the same manner as an unwitting transgression, the same applies to the oath on a deposit.§ The mishna teaches: There are five individuals who bring one offering for several transgressions, i.e., for violating the same transgression several times. Among them, the tannateaches: One who engages in several acts of intercourse with an espoused maidservant. The Gemara asks: From where do we derive this halakha?The Gemara answers: It is as the Sages taught in a baraita: The verse states: “And the priest shall make atonement for him with the ram of the guilt offering before the Lord for his sin that he has sinned” (Leviticus 19:22). The superfluous phrase “that he has sinned” teaches that he brings one offering for several transgressions. Furthermore, the verse concludes: “With the ram of the guilt offering before the Lord for his sin that he has sinned; and he shall be forgiven for his sin that he has sinned.” The second instance of the phrase “that he has sinned” serves to render the halakha with regard to an intentional transgression the same as it is with regard to an unwitting transgression, that one brings a guilt offering in either case.The Gemara objects: But when this verse is written, it is written with regard to an intentional transgression, as the verse states: “There shall be an inspection” (Leviticus 19:20), which indicates a punishment of lashes, and lashes are given only for an intentional transgression. The Gemara responds: Rather, say that the language of the baraita should be reversed, as follows: The phrase “that he has sinned” renders the halakha with regard to an unwitting transgression to be the same as it is with regard to an intentional transgression.Rabbi Ḥanina of Tirna’a raised a dilemma before Rabbi Yoḥanan: If one engages in intercourse with five espoused maidservants [shefaḥot ḥarufot] in one lapse of awareness, meaning that he was not informed of the prohibition in between his unwitting transgressions, what is the halakha? Is he liable to bring an offering for each and every one, or is he liable to bring only one offering? Rabbi Yoḥanan said to him: He is liable to bring an offering for each and every one.Rabbi Ḥanina asked Rabbi Yoḥanan: What is different about this instance compared to the case of five lapses of awareness with regard to one espoused maidservant, when he brings only one offering, as stated in the mishna? Rabbi Yoḥanan said to him: In a case of multiple transgressions with one espoused maidservant, there are not separate bodies, as he committed multiple transgressions with the same individual. By contrast, in a case of separate transgressions with five espoused maidservants, there are five separate bodies, and therefore each one requires a separate offering.Rabbi Ḥanina further asked Rabbi Yoḥanan: And from where do we derive that there is halakhic significance to the separate bodies in the case of an espoused maidservant? Rabbi Yoḥanan said to him: Did you not state with regard to those with whom relations are forbidden that when the verse states: “And you shall not approach unto a woman to uncover her nakedness, as long as she is impure by her uncleanness” (Leviticus 18:19), this serves to require separate offerings for each and every woman with whom one committed unwitting transgressions? With regard to an espoused maidservant it is also similarly written: “And if a man lies carnally with a woman,
דְּתַנְיָא: ״וְיִנָּפֵשׁ בֶּן אֲמָתְךָ״ — בְּעֶבֶד עָרֵל הַכָּתוּב מְדַבֵּר. אַתָּה אוֹמֵר בְּעֶבֶד עָרֵל, אוֹ אֵינוֹ אֶלָּא בְּעֶבֶד מָהוּל? כְּשֶׁהוּא אוֹמֵר ״לְמַעַן יָנוּחַ עַבְדְּךָ וַאֲמָתְךָ כָּמוֹךָ״, הֲרֵי עֶבֶד מָהוּל אָמוּר. הָא מָה אֲנִי מְקַיֵּים ״וְיִנָּפֵשׁ בֶּן אֲמָתְךָ״ — בְּעֶבֶד עָרֵל.
וְהַגֵּר״ — זֶה גֵּר תּוֹשָׁב. אַתָּה אוֹמֵר זֶה גֵּר תּוֹשָׁב, אוֹ אֵינוֹ אֶלָּא גֵּר צֶדֶק? כְּשֶׁהוּא אוֹמֵר ״וְגֵרְךָ אֲשֶׁר בִּשְׁעָרֶיךָ״, הֲרֵי גֵּר צֶדֶק אָמוּר. הָא מָה אֲנִי מְקַיֵּים ״וְהַגֵּר״ — זֶה גֵּר תּוֹשָׁב.
The Gemara notes: In any event, in the opinion of everyone the verse: “And the son of your maidservant will be refreshed,” is written with regard to an uncircumcised slave. From where is this inferred? As it is taught in a baraita: “And the son of your maidservant will be refreshed”; the verse speaks of an uncircumcised slave. Do you say it speaks of an uncircumcised slave, or perhaps it is speaking only of a circumcised slave? When it says elsewhere: “And the seventh day is a Shabbat to the Lord your God, you shall not do any labor, you, and your son, and your daughter, and your slave, and your maidservant…so that your slave and your maidservant may rest like you” (Deuteronomy 5:13), a circumcised slave is already mentioned; how, then, do I uphold the verse “And the son of your maidservant will be refreshed”? It must refer to an uncircumcised slave.
הגר זה גר תושב. פירש"י ז"ל שקבל עליו שלא לעבוד עכו"ם ואוכל נבילות ומזהירו הכתוב על השבת דמחלל שבת כעובד עכו"ם.
וקשי' לי הא דגרסינן בפ' ד' מחוסרי כפרה (כריתות דף ט') ת"ר גר תושב עושה מלאכה בשבת לעצמו כישראל בחולו של מועד וכו' עבד ואמה התושבים עושין מלאכה בשבת לעצמן כישראל בחול א"ר אידי בר גרשון אמר רב אדא בר אהבה הלכה כר' שמעון הא לדברי כולם לא הוזהרו על השבת ואדרבה הרי אמרו (בסנהדרין דף נ"ח) עכו"ם ששבת חייב מיתה.
אלא שמעתין בלצורך ישראל היא שהכתוב מזהיר לישראל שלא לעשות מלאכה בשבת ע"י עבדו בין שהוא ערל עכו"ם ומהול בין ע"י גר תושב וגזירת הכתוב היא אעפ"י שאין גר תושב זה קנוי לו שאלו בעכו"ם אמירה לעכו"ם [אינו אלא] שבות אפילו לעשות מלאכה לצורך ישראל.
זָכוֹר אֶת־יוֹם הַשַּׁבָּת לְקַדְּשׁוֹ שֵׁשֶׁת יָמִים תַּעֲבֹד וְעָשִׂיתָ כָּל־מְלַאכְתֶּךָ וְיוֹם הַשְּׁבִיעִי שַׁבָּת לַיהוה אֱלֹהֶיךָ לֹא־תַעֲשֶׂה כָל־מְלָאכָה אַתָּה וּבִנְךָ־וּבִתֶּךָ עַבְדְּךָ וַאֲמָתְךָ וּבְהֶמְתֶּךָ וְגֵרְךָ אֲשֶׁר בִּשְׁעָרֶיךָ כִּי שֵׁשֶׁת־יָמִים עָשָׂה יהוה אֶת־הַשָּׁמַיִם וְאֶת־הָאָרֶץ אֶת־הַיָּם וְאֶת־כָּל־אֲשֶׁר־בָּם וַיָּנַח בַּיּוֹם הַשְּׁבִיעִי עַל־כֵּן בֵּרַךְ יהוה אֶת־יוֹם הַשַּׁבָּת וַיְקַדְּשֵׁהוּ׃
Remember the sabbath day and keep it holy. Six days you shall labor and do all your work, but the seventh day is a sabbath of the LORD your God: you shall not do any work—you, your son or daughter, your male or female slave, or your cattle, or the stranger who is within your settlements. For in six days the LORD made heaven and earth and sea, and all that is in them, and He rested on the seventh day; therefore the LORD blessed the sabbath day and hallowed it.
