Talmud Bavli
Talmud Bavli

Commentary for Kiddushin 73:16

מכדי רבי ישמעאל אהיכא קאי אנסכים בנסכים

Said R'Akiba to him: But the Sabbath, in connection with which 'dwellings' is stated,<span class="x" onmousemove="('comment',' Rashi: Ye shall kindle no fire throughout your habitations on the Sabbath day - Ex. XXXV, 3. Tosaf.: it is the Sabbath of the Lord in all your dwellings. - Lev. XXIII, 3. (Heb. moshaboth is variously translated dwellings or habitations in the E.V.)');"><sup>19</sup></span> is yet binding both within and without the land?<span class="x" onmousemove="('comment',' Hence dwellings implies extension, in all places. The same holds good of libations, which are accordingly to be offered at private bamoth too. Hence the passage is thus interpreted: Now that you are in the wilderness and have a tabernacle, private bamoth are altogether forbidden. But when ye come unto the land of your habitations, before a tabernacle is erected (as it was subsequently at Shiloah) , private bamoth for sacrifice will be permitted, and there too libations will be required.');"><sup>20</sup></span> The Sabbath, replied he to him, is inferred a minori: if light precepts must be practised both within and without the land, surely the Sabbath, which is more stringent! Since Abaye said: 'Which Tanna disagrees with R'Eleazar? R'Ishmael,' it follows that R'Eleazar differs in the direction of [greater] stringency.<span class="x" onmousemove="('comment',' For the first suggested meaning of the Mishnah must be the correct one.');"><sup>21</sup></span> This proves it. Now consider: to what does R'Ishmael refer? To libations. But in the case of libations

Daf Shevui to Kiddushin

In the baraita, R. Yishmael was referring to the libations brought with offerings (Numbers 15:2). But in this verse two words are used to indicate that the obligation occurs only in the land—תבואו, which means “enter” and “מושבותיכם” your settlements. For the rule to apply both of these words need to be used. If only “settlements” is used, then the mitzvah might apply outside the land.
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