With The Commentary of the RABAM
Hilchois Shabbos = The laws of the Sabbath.
Rabboisai,
This week I address the critical question of Hilchois Shabbos.
Yoinoison Phey. writes:
"Dear Rabbi Schmeckelstein,
"Is it true that the Torah says you cannot wear boxer shorts on Shabbos for fear of making an ohel (ed.: tent) if you get a... well, you know?"
"Your Talmid, Onan"
Reb Yoinison,
Thanks you for asking such a serious question that elevates our mundane daily lives to great heights of Toirah, and allows us to deeply penetrate that dark and precious abyss that is Halacha.
Indeed, this issue is a shver inyun that touches upon several halachic questions addressed in the Gemarra, by the Rishoinim, and by Larry Flynt in last year's Hooters Holiday issue. I will try to give the topic its fair due. Questions touched upon include:
-- Binyan: Construction, such as erecting a tent on Shabbos Koidesh
-- Muktza: Using something for which it was not intended
-- Machshava, or intent: Such as, "what is the intent of the owner?"
Shver inyun = Complicated subject, hard topic; shver from Yiddish, meaning heavy or hard, inyun from Ivrit via Yiddish, meaning topic, answer. A shver inyan is a difficult question, one worthy of thought.
Rishonim = The mediaeval scholars, commentators, and sages, such as Rashi, Rambam, Ramban, the Mordechai, and many others. The term means ‘firsts’, or ‘befores’.
Binyan = Construction. Also a grammatical term, applied to verb forms.
Muktza = A storage shed. Hence, by two thousand year old logic, to set aside. And by a further extension of the meaning, that which is put aside, not to be used on shabbes. It is not d’oraisa (from the Torah), but a shvus (Rabbinically enacted restriction intended to prevent distraction from the Sabbath).
Machshava = Thought, intent, purpose. Function.
This exact question is first asked in a Gemarra in Shabbos, Daf Zayin, Amud Aleph. To address this, Rabbah quotes a famois Braisah. According to the Braisah, Rabbi Eliezer Ben Azariah says that a person's body part cannot be counted in establishing a Reshus, an independent territorial domain. However, Rabban Gamliel holds farkhert -- that a body CAN serve as a Reshus. He holds that if someone throws a piece of bread on Shabbos and it lands on top of a woman's double-daled tzitz, it is considered to be in its own Karmelis and it cannot be moved, lest it be carried into Reshus Harabim, the public domain.
Gemara = Instructive addendum; both singular and plural. The later discussions and narrative examples clarifying the Mishna – both together comprise the Talmud.
Shabbos = Maseches shabbos; the first tractate of the order of festivals (Seder Mo’ed), which is the second order of the Talmud.
Rabbah = Rabbah Bar Channah.
Beraisah = an authoritative written rule which supplements the Mishnah.
Rabbi Eliezer Ben Azariah = A Tanna who lived during the Roman period, born approximately 90 CE, niftar more or less 155 CE. When he was appointed Nasi (head of the Sanhedrin), his hair turned white overnight – aza shver seine farantwurdung. With his passing, the crowning glory of the scholars disappeared.
Reshus = Domain, observance, limitation, entity. Distinguish two types: rechus ha yachid (a private domain; yachid = private, unitary, solus) and rechus ha rabim ( a public domain, a street space). An eruv chatzeiros essentially has to be entirely enclosed, and can include either type of space – provided that the space is entirely within the evident bounds of the eruv. The problem arises when an object occupies space that transcends the boundaries (me’reshus l’reshus), such as a spontaneous ohel, which can inadvertently become reshus ha rabim.
Karmelis = A domain through which people pass which is neither a fully public domain (reshus ha rabim) or a fully private domain (rechus ha yachid). Literally: a bog or a damp space without walls. A Karmelis is one of the four categories of domain of the Sabbath (private space, public space, Karmelis, exempt space/ a space too small or too inaccessible to be treated as a substantive domain). One may not transfer anything between domains (one is forbidden to carry on the Sabbath), so the piece of bread that landed on the turban badge of the woman has to be left there until motzei shabbos.
Sheitels had not been invented yet, hence the shayla addressed by Raban Gamliel.
Rabbah goes on to note: Given that erecting a tent is an act of construction, and construction is a clear Dioraisa, an Av Melachah no less, "one must take any action to avoid such an occurence." Says Rabbah, Lechatchila, one must always wear a jockstrap on Shabbos, but BiDiyeved, briefs will suffice.
Dioraisa = Aramaic: a law, ruling, or statement in the Toirah.
Av melacha = Literally, the father of labour. The term means a primary cause or action involved in work, which is forbidden on the Sabbath. Like with Tumah (pollution), one can distinguish between primary melacha, and subsequent melacha (Tolados). Any acts which were performed in erecting the Mishkan (sanctuary) qualify as av melacha, and were specifically forbidden on the Sabbath, as can be read in Toirah. All tolados which resemble in effect, and derive from, the avos melachois are of course also forbidden, based on Rabbinic authority. There are 39 avois melachos.
Lechatchila = From the beginning, ab initio. Hence also optimally.
BiDiyeved = As a last resort, if no alternatives present themselves. But also, according to the minimum requirement. It is better to wear underwear than not.
However, the Gemarrah clarifies: "Bammeh Devarim Amurim," when were these words said? Only when the tent is higher than three tephachim (ed.: each tephach is approximately four inches) from the ground, as below three tefachim, the tent would be part of the ground itself.
Bammeh Devarim Amurim = ‘Wherein (or wherefore) were these words said?’; phrase which identifies a qualifying argument, although not necessarily one which disputes the ruling. Often indicates that one must look at the circumstances and situation of the original ruling or opinion in order to understand how it applies, and whether it applies.
Tephachim = A handbreadth in width. From Tafach - to extend or spread; to take mincing little steps; to raise children. But the question is, ‘whose handbreath?’ That of a mature person, but evenso there is variation. My aishes chayill has kleine hende, but the groisse pervert next door is built like a tank, a Ben Anak, a Scandinavian. Most rebbeim hold that it will depend on who handles the ohel, midah keneged midah.
Abaya and Rava then argue over the implication. Abaya notes that as a person's supine body is at least three tephachim high if you include the torso as part of the tent, only a "little kleinickel man" would be below the three tephach high minimum, according to Abaya. Therefore, most men could not wear boxers. Rava, on the other hand, holds that the tent actually starts at the top of the body, above the torso so that the makom hamilah itself would have to be three tephachim high. Says Rava, "only a freak or the goyyishe porn star Johnny Wad Holmes would have to worry about this Dioraisa, so let's move on to more important things, like using a kli reviyi in making Hawaiian Punch." Shoyn.
Abaya and Rava = The Laurel and Hardy of the Talmud.
A little kleinickel man = Pitspunik.
Kli reviyi = A fourth vessel, a fourth instrument. This in reference to the notion of preparing food on the Sabbath. For example, when one uses existing hot water to prepare a beverage, we are concerned that he will inadvertently cook. Consequently, he is encouraged to transfer his hot water to a secondary vessel (kli sheni) to remove the likelihood of cooking, which is an av melacha.
Hawaiian Punch = A sweet commercial beverage that goes well with Spam (and Spam Musubi is not shabbesdik!), but is NOT appropriate for Peysach, as it contains corn-syrup, and al pi minhag Ashkenaz, kitniyos are out of the question at that time. It is debatable whether the commercial version is even fit for consumption by frumme yidden, although the Reform will drink almost anything. Making Hawaiian punch oneself may involve corn-liquor – use Rum (made from sugarcane) during Passover.
So what is the correct position? There is a famous three way machloikess Rishoinim that addresses this. According to the RASHBAM, we hold like Rava, since most men enjoy wearing boxers, and we wouldn't want to deprive them of their Oineg Shabbos.
Rashbam = Rabbi Shmuel Ben Meier (circa 1085 to 1174), the grandson and student of RASHI (Rabbi Shlomo Ben Yitzhak), brother of both the Rivam (Rabbeinu Yitzhak Ben Meier) and RabbeinuTam. One of the mediaeval mefarshim.
However, the RAN states that we hold like Abaya. However, the issue, according to the RAN, is not one of Boneh, or construction. Rather, it is an issue of muktza, or the inability to use an item on shabbos. Among the categories of muktza is Muktza Machmas Miyus, or something which is off limits because it is unseemly. And what can be more unseemly than a man's schvantzlach. Consequently, since they serve as the "house" for such gross things, boxers may not be used for any other purpose on shabbos.
Muktza Machmas Miyus = Disgusting things which should not be handled on Shabbos, such as dead cats, the children of amharatzim, and surstromming.
There are several categories of muktza: Muktza Machmas Miyus, Muktza Machmas Gufo (something which has no function), Muktza Machmas Mitzva (something intended for a specific mitzvaishe function), Muktza Machmas Chesaron Kis (something valuable or expensive), Bosis (a surface that is an extension of muktza), and Nolad (an item which came into being during Shabbos, such as a chicken egg, or even hypothetically Reb Yoinoisson’s ohel).
RAN = Rabbeinu Nisim ben Rav Reuven Girondi (d. ~1380). A scholar from Aragon who wrote a supercommentary on the commentary of the RIF (Rabbi Yitzhak Al-Fassi, 1013 – 1103). Both are printed in the back of the Gemara, often with the commentary of the ROSH (Rabbi Asher Ben Yechiel, 1250 – 1328). The RAN also wrote the Chiddushei Ha Ran.
Shvantzlach = Scrotisheh maises.
But the TUR tells us that this is nisht azuy pashut -- it's not so simple. He notes that not all schvantzlach render boxers off limits -- just those that are K'Baitzah, the size of an egg; however, if they are only KaZayis, the size of an olive, they are considered too small to be offensive, and therefore using boxers is permissible.
The TUR = Also called the BAAL HATURIM ( Master Of The Rows). Rabbi Yakov Ben Asher (1270 – 1340), author of a Halachic compendium entitled Arba Turim (four rows), which consists of four division (Orach Chayim, Yoreh Deah, Even Ha Ezer, Chosen Mishpat).
The title ‘four rows is in apt reference to the row of precious stones on the breastplate of judgement (chosen mishpat), which is part of the outfit worn by the high priest. Remember the duds of the meanie in Raiders of the Lost Ark? Just so. Except without that look of ecstasy turning into horror
Rabbi Yakov follows the opinions of his father Rabbi Asher ben Yehiel (the Rosh), in addition to the RIF, and several gedolei ha dor (greats of the age).
But, what about intent? Even if one has a ridiculously large makom hamilah, or if his baitsim are KeBaiyah or even KeEshkoilis, he certainly has no desire to build a tent, so why should he be denied the pleasure of loose fitting cotton? What's Pshat?
Makom hamilah = ‘Place of the Covenant’; a circumlocutory term for the male privates.
Baitsim = an ovulocutory term for the testes.
KeBayiah = Of a problematic size which creates an ‘oh my!’ situation. KeEshkoilis = Of the dimension of a grapefruit – you should see a doctor.
But if, b’yoter, it is keMelafafoin (near to a cucumberish encumbrance), you have a real situation on your hands.
There is a famous story about the Kutzker Ruv. The Kutzker was travelling through the fjords of Norway to raise money for his Chassidim. For Shabbos, he stayed in a lodge outside Oslo run by evangelical Lutheran supporters. On Shabbos morning, he woke up to the sound of a knock on the door, and who should be standing there, but Brunhilda, the six foot tall chambermaid. "Rabbi," the chambermaid said, "how can I make you feel more at home?"
The Kutzker Rov = The Tzaddik of Kotsk, rabbi Menachem Mendel (1787 – 1859), the grandfather of the Shem Mi Shmuel.
The Kutzker founded a chassidische derech which is still in existence, though not numerous. He was reclusive, and at times anti-social, coming out of his room only to hammer home the pursuit of truth (emess) and justice (din). His disciple the RIM (Rabbi Yitzhok Meir Rothenburg, 1799 – 1866) founded Gerrer Chasidus, which at one time had many tens of thousands of followers in Poyland and Gallicia. The RIM (known too as the Chiddushei Ha Rim – New Thoughts of the RIM, that being the title under which his writing appeared) had also been a student of Rav Simcha Bunim of Peshishcha, who was a friend and teacher of the Kutzker.
The Kutzker responded, "back in Kutzk, on Shabbos morning, I always have a little herring and a shot after davening. Do you think it's possible to do the same here?"
Herring and a shot = As part of Saturday morning kiddush. It is a mitzvah.
Kutzk = A town in Poyland.
Davening = Praying. Tfillah and shukkeling.
To that, Brunhilda entered the room, closed the door, and said, "Rabbi, if you snack on the matjes for about twenty minutes, I will let you finish with a shot."
Matjes = A herring caught in mid to late summer, from Middle Dutch ‘maagdje’ (little virgin), modern Dutch demotic ‘maatje’ – in reference to their not having spawned yet. The reason matjes are prized is because in summer they will have recovered from winter (during which they do not eat) and have stored up fat, often having a fat content of over twenty percent, and are in consequence tasty and toothsome.
In The Netherlands and to a lesser extent Germany and Scandinavia the favoured treatment is removal of the guts (gills, throat, and internal organs) with the exception of the alvlees klier (pancreas), whose enzymes will help ‘cure’ the fish. Immediately upon gutting it is lightly salted and packed in a cool place, to ripen. The more salt is used, the longer it can be ripened.
According to Dutch food laws, it must be frozen (quick-freezing is best, as it keeps the flesh firm) for two days before being sold to the consumer, so as to kill the herring nematode. Hence those tasty fillets which you purchase from Van Altena’s spotlessly clean stand in front of the Rijks Museum will be completely safe – the more so because the merchant in question is well-known for the care with which he treats his fish, thawing them properly and keeping them chilled, nicely trimming and cleaning the fillets, and even chopping the onions precisely for the right flavour. An artist. A treasure.
In the medine (Judeo-Dutch: country-side), and especially further inland away from the coast, the preference is for a saltier herring – probably because in the olden days only those held up well when transported. Traditionally the herring sellers would board the trains with buckets of herring to be sold out in the hinterlands, at the consumer’s doorstep. The civilized and lightly salted delicacy we prefer in Mokum (Makom Alef: A’dam) would have been long spoiled by the time it was eaten under those circumstances. But with refrigeration, even the amharatzim can experience the farfeintere hoybstodlicher geshmak. Those lucky momzers.
The method used by the Dutch and Flemish for herring was discovered by Willem Beukelszoon Van Biervliet in 1380. Leaving the pancreas in ensures a fish which is tastier and keeps longer – in summer the pancreas produces a surfeit of enzymes which assist in the conversion of food to fat. And the fat gives the fish its divine flavour.
Note that while Scandinaviim are fond of matjes herring, they are passionate about surstromming (herring packed in a vat with enough salt to allow fermentation, not enough to preserve it, so that it builds up a reek that can fell a mule, and might explode the vat), and lutefisk (codfish treated with lye and dried, which tastes like horsehide glue mixed with cat-litter). Both of these substances, while muktza machmas miyus mamesh (M4), are considered delicacies and delightful. How strange.
A shot = This would have in Norway been some poisonous rotgut; Scandinavians are not known for fine firewater. But maybe, just maybe, the Lutheran bint had a bottle of Erven Lucas Bols Oude Genever – the original Dutch courage. Perhaps, Baruch Hashem, even a bit of Van Rutte’s aged Genever – truly the piss of angels and the breakfast of champions. Or at the very least some De Kuyper. One can but hope.
A Belgian Genever from one of the smaller distilleries would also be splendid – the Flemings know from gin.
That afternoon, the Aimishteh came to the Kutzker Ruv in a dream. "Rebbe, how come you were mezaneh with the groissa shiksa this morning?"
Mezaneh = Fleshly activity. Groisse shiksa = Large Scandinavian – the Aimishteh built the Skandinaviyim to last.
Came in a dream = As He also came to Shmuel, three times while Eli was sleeping (Shmuel, book one, chapter three).
"Rebboinoisheloilum," the Kutzker answered, "I am in freaking Scandinavia. I only wanted to have a little Oineg Shabbos."
Scandinavia = For which we may say this blessing: ‘Baruch Ata Hashem Elokeinu, Melech Ha-Olam, she-lo chisar ba olamo-davar, u-bara bo beriyos tovos, va Skandinaviyim tovim, le chanos bahem bnei adam’ (Blessed are you oh lord, king of the universe, for naught is lacking in the world of creation, and there are beautiful creatures, and fine blondes, for men to enjoy).
Oineg Shabbos = The enjoyment of shabbes, which is determined by the right frame of mind and harmonious observances. Away from home, in a Lutherische shtetl, for instance, this is hard to do. Hence the admirable custom of shabbes hospitality offered to travelers by members of local kehillos in much of Europe at one time (hachnassus orchim).
Part of oneg shabbes is in the observances which make shabbes special – such things as lighting the candles, the welcoming of shabbes, the enjoyment of good food in a relaxed and joyous atmosphere, the kavanah and the kdoosha with which sabbath is experienced, and the veil that is drawn over the mundane matters of the week.
So though the Kutzker’s actions were a little meshuneh, they served their function.
"Well, next time," Hakkadoshboruchhu said, "just go whale hunting like everybody else around here, and leave the herring and the shot for the shtibul."
Shtibul = Yiddish for a smallish room, hence a place to learn and study, and by extension a small neighborhood beis mesdresh or shul.
The rented room or regular meeting chamber of a particular group or guild, where there are usually books and benches, and sometimes bronfen or genever - such as the shtibbel upstairs from the flower seller at Polk and California, where Reb Roiven learns a shtickel Toireh every Tuesday and Thursday.
So despite having the proper intent, sometimes we can do something that is inappropriate. So my advice to you, Reb Yoinoison, is that while Halacha Lemaisah it might be okay to wear boxers, truth be told, it is not in the spirit of Shabbos. Wearing boxers is not Shabbosdick.
Halacha lemaise = According to the letter of the law. Al pi hilchois.
Lemaise = Actual, factual, suitable, proper. According to the circumstances.
Re: Shabbosdick = Unless you can only find briefs which are shatnez. In which case, please stay in your room. And have a plate sent up, at least 18 minutes before Shkiya (or 40 minutes, when in Yerushalayim).
So it is best to stick with briefs. Although if you see an am haaretz wearing boxers, there is no reason to say anything -- since he is not a true Ben Toirah, he probably has small Schvantzlach anyway.
