1. With regard to the [forbidden] labors for which one is liable to be executed by stoning¹when a forbidden labor is performed in the presence of witnesses who administer a warning (Chapter 1, Halachah 1) if one transgresses willingly,²when a forbidden labor is performed when witnesses are not present (ibid.) or for which one is obligated to bring a sin offering if one commits the transgression unknowingly,³i.e., one intended to perform the forbidden labor, but was not aware that doing so was breaking the Sabbath laws. there are primary categories and [their] derivatives.⁴In his Commentary on the Mishnah (Shabbat 7:2), the Rambam explains that the primary categories are so defined because "they were part of the work of the Sanctuary, which is termed melachah [the term used for the Torah for forbidden labor]." The Rambam clarifies the definition of what constitutes a primary category and what constitutes a derivative in Halachot 2-6.

See Yereim (249) who notes that the Jerusalem Talmud (Shabbat 7:2) derives the existence of thirty nine categories of work from the exegesis of Exodus 38:2. There is a question if this difference in sources creates a difference in law as well. See also the preface to Eglei Tal, which questions whether the definition of the categories of forbidden labor are taken from the activities necessary for the offering of the sacrifices in the Sanctuary, or merely the activities necessary for construction of the Sanctuary. (In this context, see Rashi, Shabbat 73a, which states that the forbidden labor of baking was not practiced in the Sanctuary although one of the offerings was the showbread which was baked each week.)

The sum of all the primary categories of [forbidden] labor are forty minus one.⁵The commentaries question why the Rambam (and his source, Shabbat 7:2, use this expression, rather than merely stating "thirty-nine." Some draw attention to the parallel found in the Mishnah's description of the number of lashes given a transgressor (Makkot 3:10). Others explain that this expression indicates that there is a fortieth activity - the spiritual service of prayer and study - which must be performed on the Sabbath day. They include:

1) plowing,⁶This and the ten labors that follow are described as sidura d'pat, the manner in which bread is baked. They were necessary to prepare the herbs used as dyes for the curtains of the Sanctuary. (See Chapter 8, Halachah 1.)

2) sowing,⁷Significantly, plowing is mentioned before sowing in the Mishnah. Shabbat 73b explains that this was done to teach that if the earth is hard, and it is necessary to re-plow the land after the first plowing, one is liable for the second plowing as well. The Rambam, however, follows the usual order of activities. (See Chapter 8, Halachah 2.)

3) reaping,⁸As explained in Chapter 8, Halachah 3, this refers to reaping with a utensil. Severing produce by hand is considered merely a derivative. (See Chapter 8, Halachah 3.)

4) collecting sheaves,⁹In his Commentary on the Mishnah (loc. cit.), the Rambam mentions that the reapers usually gather the grain in small sheaves. Others follow who collect these sheaves into larger bundles. (See Chapter 8, Halachah 5.)

According to one opinion in Shabbat 96b, there is an explicit reference to the prohibition of this labor on the Sabbath. Numbers, ch. 15, relates that a person was executed for collecting wood on the Sabbath. As the Rambam states Chapter 21, Halachah 11, this labor includes only the collection of produce. Gathering other substances - e.g., salt - is not included. It is, however, forbidden by Rabbinic decree.

5) threshing,¹⁰applying pressure to grain to extract the kernel from its husk. (See Chapter 8, Halachah 7.)

6) winnowing,¹¹casting the mixture of kernels and husks to the wind. The wind will blow away the chaff, while the kernels that are heavier will fall to the ground.

7) separating,¹²separating stones and the like from the kernels of grain. This is usually done by hand.

8) grinding,¹³crushing the kernels into flour. (See Chapter 8, Halachah 15.)

9) sifting,¹⁴the flour with a sifter. Shabbat 74a (see also Chapter 8, Halachah 11) notes that the three labors - winnowing, separating, and sifting - are similar. Nevertheless, because they represent three different activities performed in the construction of the Sanctuary, each one is considered a separate primary category of forbidden labor.

10) kneading,¹⁵mixing the flour with water to create a dough. (See Chapter 8, Halachah 16.)

11) baking,¹⁶This also includes cooking, roasting, or the like. In the construction of the Sanctuary, cooking was necessary for the preparation of dyes. (See Chapter 9, Halachah 1.)

12) shearing,¹⁷This and the following twelve labors are necessary for the preparation of fabric. Shearing involves removing hair or wool from an animal, whether dead or alive. (See Chapter 9, Halachah 7.)

13) whitening,¹⁸After the wool is removed from the animal, it is washed to remove dirt. (See Chapter 9, Halachah 10.)

14) beating,¹⁹Unlike Rashi and others who interpret as combing the wool, in the Rambam's Commentary on the Mishnah he translates the word into an Arabic term meaning "beat it with a stick." This activity is necessary as a preliminary stage of the preparation of flax to be spun into linen. (See Chapter 9, Halachah 12.)

15) dyeing,²⁰for most of the fabrics used in the curtains and roof-coverings of the Sanctuary were dyed. (See Chapter 9, Halachah 13.)

16) spinning,²¹intertwining the fibers to make thread. (See Chapter 9, Halachah 15.)

17) making heddles,²²The Hebrew, literally means "house of string." In the weaving process, it refers to the following practice: Weaving involves passing the threads of the woof over and under each of the consecutive threads of the warp. In order to facilitate this process, two frames are made, each possessing many threads with a loop (referred to as a "heddle") in the middle of these threads. The threads of the warp are passed through these loops, one from one frame, and the next from the other, consecutively. When this is completed, the weaver lifts the two frames alternately. As he raises one up, he passes the woof through. In this manner, he is able to thread the woof through the entire warp at one time. (See the Rambam's Commentary on the Mishnah, Shabbat 7:2; Keilim 21:1.)

18) mounting the warp,²³See Chapter 9, Halachah 17-18, where the Rambam describes how a loom is set up. First, the threads of the warp are extended to the desired length and width. They are then attached to a rod on either side, and held taut. This is the activity referred to by this term.

19) weaving,²⁴passing the threads of the woof between the threads of the warp. (See Chapter 9, loc. cit.)

20) undoing woven fabric,²⁵See Chapter 9, Halachah 20.

21) tying,²⁶This refers to a permanent knot whose tying requires professional expertise. (See Chapter 10, Halachah 1.) In the construction of the Sanctuary, the chilazon which were used for dye were caught with nets that had to be tied (Shabbat 74b).

22) untying,²⁷This also includes untying only such knots. (See Chapter 10, Halachah 7.)

23) sewing,²⁸at least two stitches. (See Chapter 10, Halachah 9.)

24) tearing,²⁹in order to sew. Otherwise, one is not liable. (See Chapter 10, Halachah 10.) If a hole was found in one of the curtains of the Sanctuary, it was cut open and sewn close (Shulchan Aruch HaRav 302:4).

25) building,³⁰any structure; similarly, leveling the ground is included in this category. (See Chapter 10, Halachah 12.) The Kiryat Sefer gives as an example, the placement of the boards of the Sanctuary in their sockets.

26) demolishing,³¹Here also the intent must be a constructive one: demolishing in order to rebuild. (See Chapter 10, Halachah 15.)

27) beating with a hammer,³²The Kiryat Sefer points to the fashioning of the menorah in the Sanctuary.

A craftsman finishing the fashioning of a utensil concludes his work by giving several taps with a hammer to smooth the utensil's surface. Thus, this labor also includes all activities performed to apply the finishing touch to an object - e.g., polishing and shining. (See the Rambam's Commentary on the Mishnah, loc. cit., and Chapter 10, Halachah 16.)

28) trapping,³³The Mishnah mentions the following seven categories as activities necessary to write a scroll. Leather hides were used to cover the roof of the Sanctuary. (See also Chapter 10, Halachah 19.)

29) slaughtering,³⁴Although this term is usually used to refer to ritual slaughter, the intent here is taking a life through any means. (See Chapter 11, Halachah 1.)

30) skinning,³⁵the hide of an animal to use for leather. (See Chapter 11, Halachah 5.)

31) processing [hides],³⁶into leather. (See Chapter 11, loc. cit.) Significantly, the Mishnah (Shabbat 7:2) also includes salting the hides as a separate category of labor. Shabbat 75b, however, includes this activity in the category of processing hides and includes ruling parchment as the thirty-ninth category of labor.

32) removing hair,³⁷For leather or parchment, smooth skin is required. (See also Chapter 11, Halachah 5, 6.)

33) cutting [leather],³⁸This refers to making an exact cut, so that the leather can be used for a purpose. Cutting indiscriminately is a destructive activity. Hence, one is not held liable. (See Chapter 11, Halachah 7.)

34) writing,³⁹wo letters. This activity was necessary in the Sanctuary, for a mark was made on the boards so that the same boards could be matched to each other each time they were attached together. (See Chapter 11, Halachah 9.)

35) erasing,⁴⁰For if the builders of the Sanctuary erred in making a sign, they would erase it and write another in its place. In this instance as well, one is held liable only when one erases with the intent of writing two letters in this place. (See Chapter 11, loc. cit.)

36) ruling lines,⁴¹For proper writing is possible only on ruled lines. (See Chapter 11, Halachah 17.) In the Sanctuary, this labor was performed to prepare the hides to be cut.

37) kindling a flame,⁴²This was necessary to cook the dyes. As the Rambam explains in Chapter 12, Halachah 1, one is liable for kindling a flame only when when desires to cook with it, use it for light, or desires ash. Otherwise, it is considered a destructive activity.

38) extinguishing a flame,⁴³Here also, one's intent must be constructive - e.g., to use the charcoal produced. In the Sanctuary, this was necessary to produce an even flame for the fashioning of the metal utensils (See Chapter 12, Halachah 2.)

39) transferring from one domain to another.⁴⁴All the materials necessary for the construction of the Sanctuary were brought from the private domain to the public domain (Shabbat 96b). This forbidden labor is discussed in great length. (See Chapters 12-19.)

2. All of these [forbidden] labors and all analogous activities are referred to as primary categories of labor. What is meant by an "analogous activity"? Plowing, digging, or making a groove [in the ground] are all considered to be primary categories of work. For each one involves digging in the ground and they all reflect a single activity.¹In this and the following two halachot, the Rambam emphasizes how other activities that are analogous to the thirty-nine mentioned in the previous halachah are not considered as solely derivatives of the primary category of labor; they have the same status as the primary categories themselves. In his Commentary on the Mishnah (Shabbat 7:2) and in Halachah 9 of this chapter, he uses the term - "labors corresponding to a single category of labor" to describe such activities. This phrase is also used by the Mishnah, Shabbat 7:1 (although interpreted differently by other authorities).

The Kessef Mishneh quotes Rav Moshe Kohen as objecting to the Rambam's statements, for the Mishnah specifically states that there are thirty-nine such categories of forbidden labor, while according to the Rambam there would be far more. He thus considers all these other activities as derivatives.

The Maggid Mishneh does not see such a difficulty, explaining that, as the Rambam illustrates in the examples he cites in this and the following halachot, the activity being performed is basically the same as the primary category of labor. Thus it is not proper for such an activity to be called a derivative. Similarly, since these activities are identical in nature to the existing categories, it is not proper to consider them as being an additional category with regard to the total sum.

Kalkalat Shabbat adds that the activities that the Rambam mentions as analogous to the primary categories of labor are not counted as additional categories because they were not necessary for the construction of the Sanctuary.

3. Similarly, one who sows seeds, plants trees, extends trees,²One of the methods of agriculture common in the Talmudic period was to plant vines - and in certain instances, trees - by taking a branch from an existing vine or tree and, without severing it from its source, burying it in the ground. In this manner, it would sprout roots, and ultimately a new plant would grow from this base. grafts [branches to] trees,³Taking branches from one tree and grafting them to another so that they will grow. or prunes trees:⁴As the Rambam states in Chapter 8, Halachah 2, pruning a tree is beneficial in causing it to grow. He also explains this concept in his Commentary on the Mishnah, Sh'vi'it 4:5, "One cuts off [branches] at a specific place to improve the tree."

The Eglei Tal and others note that the Rambam (Hilchot Shemitah 1:3, based on Mo'ed Katan 3a) considers pruning merely a derivative of planting with regard to the concept of forbidden labor in the Sabbatical year, while in the present context it is considered in the same status as planting itself.

The Eglei Tal resolves this difficulty on the basis of the principle that with regard to the Sabbath, it is, "thoughtful work," that the Torah forbade. This principle does not apply with regard to the prohibitions against working the land in the Sabbatical year.

Accordingly, since the activities of planting and pruning are very different, pruning is considered only a derivative with regard to the Sabbatical year. With regard to the Sabbath labors, however, intent is of fundamental importance. Since the intent of both activities is the same - to enable the plant to grow - they are both given equal status. All of these [activities] are considered a single primary category of [forbidden] labor, [for] they share a commonality, since all these activities have a single intent:⁵With this statement, the Rambam explains the difference between the sets of activities mentioned in the previous halachah, and those mentioned in this halachah. Plowing, digging, and making a groove are very similar activities, but they differ in their objectives. The activities mentioned in this halachah, by contrast, do not resemble each other; nevertheless, they share the same intent. to cause [a plant] to grow.

4. Similarly, a person who reaps grain or legumes, one who harvests grapes, dates, olives, or figs: All these [activities] are considered a single primary category of [forbidden] labor, [for] they share a commonality, since all these activities have a single intent:⁶The activities mentioned in this halachah differ from those mentioned in the previous halachah in that each of the activities in this halachah involves a different type of produce. Hence, it is necessary to emphasize that they are all considered in the same status. to remove produce from [the plant] on which it grows. [The same principle applies] with regard to other forbidden categories of labor.

5. A derivative is a labor that resembles one of these categories of [forbidden] labor.⁷In his Commentary on the Mishnah (Shabbat 7:2), the Rambam explains that a derivative is an activity that produces a result similar to that produced by one of the forbidden labors, but differs both in the intent and the nature of the activity. What is implied? A person who cuts a vegetable into small pieces to cook is liable,⁸See Chapter 21, Halachah 18. As mentioned in the notes on that halachah, for the activity to be forbidden as a derivative of grinding, one must have the intent to cook it. for this activity resembles grinding. When a person grinds, he takes one [large] entity, and divides it into smaller parts. Anyone who performs an activity that resembles this is [performing] a derivative of the labor of grinding. Similarly, a person who takes a strip of metal and pulverizes it to use the powder⁹See Chapter 8, Halachah 15. acts as goldsmiths do;¹⁰This phrase emphasizes that to be liable, one's intent in pulverizing the metal must be for a useful purpose. If one's intent is merely destructive in nature, one is not liable. he is [performing] a derivative of the labor of grinding.

6. Similarly, one who takes milk and inserts a [piece of intestine] in it so that it curdles is liable for [performing] a derivative of separating,¹¹Note the Jerusalem Talmud (Shabbat 7:2), which states that with regard to both this activity and making cheese, one is liable for performing a derivative of kneading. for he separates the curds from the whey.

If one made cheese from it, one is liable for [performing a derivative of building]. Whenever one collects separate entities and bonds them together so that they form a single mass, [the activity] resembles building.

Similarly, each of the primary categories of [forbidden] labor [mentioned above] possesses derivatives,¹²The Jerusalem Talmud (loc. cit.) states that one of the determinants of a primary category of forbidden labor is that it has derivatives. Perhaps it is to emphasize this point that the Rambam mentions derivatives for each of the thirty-nine categories of labor in the succeeding chapters. Even when the derivatives are not explicitly mentioned in the Talmud, he uses logic to define activities that fall in these categories. (See Merkevet HaMishneh.) which are determined according to the principles explained above. From the nature of the [forbidden] labor performed on the Sabbath, one can determine in which category of [forbidden] labor it should be included, or which [forbidden] labor it is a derivative of.

7. A person who willingly, as a conscious act of defiance, performs an activity that constitutes one of the primary categories of [forbidden] labor or one of the derivatives [of these categories] is liable for karet.¹³The Rambam is restating the principles stated in Chapter 1, Halachah 1, in terms of the concepts of primary categories of forbidden labor and their derivatives. If witnesses come, he should be stoned [to death].¹⁴As stated in Chapter 1, Halachah 1, a person is executed for the performance of a forbidden labor only if witnesses warn him of the nature of the prohibition beforehand. If [he performs such an activity] without being conscious of the transgression, he must bring a sin offering of a fixed nature.

If so, what is the difference between the primary categories of [forbidden] labor and the derivatives?¹⁵The Rambam's question is: Since one incurs the same liabilities regardless of whether one performs an activity that itself constitutes a forbidden category of labor or merely a derivative, of what importance is the definition of such categories? There is no difference except with regard to sacrifices. When a person, without being conscious of the transgression involved, performs many activities, each of which constitutes a different primary category [of forbidden labor] in one period of lack of awareness,¹⁶A person is obligated to bring a sin offering if he was unaware that the forbidden labor he performed involved a transgression, despite the fact that he performed it several times. Even if the period in which he is not conscious of the transgression lasts several weeks, he is obligated for only a single offering for each category of forbidden labor. (See Shabbat 7:1 and Hilchot Shegagot, Chapter 7.) he is obligated to bring a sin offering for every such category¹⁷Since each category of forbidden labor involves a different subject of which he was unaware, he is required to bring a different sin offering for it. [of forbidden labor].¹⁸As explained in the above- mentioned sources, a person is liable for the above only when he knows the day on which the Sabbath should be observed and is aware of the prohibition against work, but does not know of the prohibition involved in the performance of a (or several) forbidden labor(s). If, however, a person forgets the day on which the Sabbath should be observed, he is required to bring merely a single sin offering for each Sabbath he violated, regardless of how many forbidden labors he performed that day. Furthermore, a person who was totally unaware of the prohibition against working on the Sabbath is required to bring only one sin offering. This single sacrifice atones for all the Sabbaths that he did not observe.

If he performs an activity that constitutes a primary category [of forbidden labor] and its derivatives in one period of lack of awareness, he is obligated to bring merely one sin offering.¹⁹For it is the lack of knowledge of a single category of labor that is involved. All of the violations stem from the lack of awareness of a single matter. The same ruling applies if one performs several derivatives of the same category of labor (Hilchot Shegagot 7:5). If, however, one performed derivatives of two different categories of labor, one is required to bring two sin offerings (loc. cit.:6).

8. What is implied? If a person plows, sows, and reaps on the Sabbath in a single period of lack of awareness, he is required to bring three sin offerings. Even if he performs all thirty-nine [forbidden] labors without knowing of the prohibition involved - e.g., he forgot that it is forbidden to perform these labors on the Sabbath - he is obligated to bring one sin offering for each and every [forbidden] labor.²⁰In his gloss to Hilchot Shegagot 7:3, the Kessef Mishneh quotes a responsum from the Rambam's son, Rav Avraham, which focuses on the following question: If the person is unaware of the entire concept of forbidden labor, how can we say that he is aware of the concept of Sabbath in general? Seemingly, he should be obligated for only a single sin offering. [I.e., when a person is aware of the concept of the Sabbath, but is unaware of a (or several) particular labor(s), every labor is considered an entity that requires his attention. Hence, a sacrifice is required for each labor. When, however, the entire concept of the Sabbath is unknown to him, there is but one matter of which he is unaware. Hence, only one sacrifice is necessary.]

Among the resolutions offered are that the person knew of the positive commandments associated with the Sabbath or that he knew of the prohibition associated with going beyond the Sabbath limits. Alternatively, he knew of the prohibition against forbidden labor, but did not know which labors where forbidden. From the Rambam's wording itself, another resolution can be offered: The person knew that the labors were forbidden, but did not know that they were punishable by karet.

In contrast, if he ground [grain], cut a vegetable, and pulverized a strip of metal during a single period of lack of awareness, he is required to bring only one sin offering [for each Sabbath],²¹The bracketed addition is based on Hilchot Shegagot 7:8-9, which explains that in these circumstances, one is required to bring a sin offering for every Sabbath on which one transgressed. for he performed only a single primary [forbidden] labor and its derivatives. The same applies in all similar situations.

9. When a person performs many labors corresponding to a single category of labor in one period of lack of awareness, he is obligated to bring only one sin offering.²²As mentioned in the commentary on Halachah 2, this refers to activities that so closely resemble the activities that constitute the primary categories of labor that they are also considered to be primary labors. Despite their having this distinction, since only a single category of forbidden labor is involved, only one sacrifice is required.

What is implied? When a person sowed, planted, extended, grafted, and pruned in a single period of lack of awareness, he is obligated to bring only a single sin offering, for all of these [activities] are included in the same primary category of labor. The same applies in all similar situations.