Monday, July 17, 2006

Daf Yomi - Yoma 40 - Lotteries on Shabbos

The Pardas Yosef (Vayikra p. 197) brings a question that is asked on the 'Taz Hayodua' - the famous Taz. The Taz, in three places in Shulchan Aruch states a rule that the chachamim cannot prohibit something that is explicitly stated in the Torah. According to this, how could the chachamim prohibit certain kinds of lotteries on Shabbos (as an injunction that it is similar to business or it might lead to writing), when the Torah explicitly said that this was done on Yom Kippur with the two goats?

the Seder Yoma (63) answers according to the Taz himself. The Taz is bothered as to why the chachamim did not prohibit the blowing of the shofar on Yom Tov (because of the injunction of perhaps one would come to fix musical instruments) in the same way they prohibited it on Shabbos. He answers that the Torah explicitly commands to blow shofar on Rosh Hashana and that cannot be uprooted, however a gezeira that it should not be blown on Shabbos does not uproot the passuk, for it will still be blown on Yom Tov when it is not Shabbos. Similarly, evn though the Sages prohibited lotteries on Shabbos, that did not uproot the passuk of having the raffle on Yom Kippur.


David said...

Another possible answer ( dochek kzatz) is that a gezeirah only has force under the exact same conditions as the original condition which led to the gzeirah. Thus, for example, the gemara tell us the chachamim oputlawed certain shoes with nails on them, because of an incident when people were trampled and killed through these shoes. BUT, the gemara continues, they only made the gezeirah on the EXACT same type of shoes.

Thus, the Taz might mean the chachamim can't outlaw cases if those EXACT same cases are permitted in the Torah. Shabbos is not Yom Kippur, and there is therefore no question.

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