Commentary for Yevamot 12:16

אמר רב שימי בר אשי האי תנא לא משום דאתי עשה ודחי ל"ת אלא משום דמייתי מק"ו וה"ק מה אני מקיים מחלליה מות יומת בשאר מלאכות חוץ ממיתת ב"ד אבל מיתת ב"ד דחיא שבת מק"ו

as the expression of '<i>habitations</i>' mentioned below<span class="x" onmousemove="('comment',' Num. XXXV, 29, referring to the death penalties of murderers. ');">²⁸</span> refers to the <i>Beth din</i>, so the expression '<i>habitations</i>' mentioned here<span class="x" onmousemove="('comment',' Ex. XXXV, 3. ');">²⁷</span> refers also to the <i>Beth din</i>, and concerning this the All Merciful said, '<i>Ye shall kindle no fire</i>'.<span class="x" onmousemove="('comment',' I.e., execute no death penalty of burning on the Sabbath. The death penalty of 'burning' was executed by pouring molten lead through the condemned man's mouth into his body, thus burning his internal organs. ');">²⁹</span> Now, are we not to assume this statement to be in agreement with the view<span class="x" onmousemove="('comment',' Lit., 'what, (is it) not?' ');">³⁰</span> of R. Nathan who holds that the object was to intimate that even a single transgression involves the offender in the prescribed penalties,<span class="x" onmousemove="('comment',' Of death or kareth. V. supra p. 25, n. 1. ');">³¹</span> and the reason<span class="x" onmousemove="('comment',' Why the death penalty of burning — a kind of work — which according to R. Nathan would involve kareth must not be executed on the Sabbath. ');">³²</span> is because the All Merciful has written, <i>Ye shall kindle no fire</i>,<span class="x" onmousemove="('comment',' Ex. XXXV, 3. ');">²⁷</span> but had that not been the case it would have superseded the [Sabbath]!<span class="x" onmousemove="('comment',' Though the penalties involved include that of kareth. Thus it follows that a positive precept may supersede even such a prohibition. So also in the case of the levirate marriage it might have been assumed that the precept of marrying one's deceased childless brother's widow supersedes the prohibition of marrying a consanguineous relative despite the fact that such a transgression involves elsewhere the penalty of kareth; hence it was necessary for Scripture to add, ''aleha' (Lev. XVIII, 18), to indicate that even a levirate marriage is in such a case forbidden. (V. supra 3b and 5b). ');">³³</span> — No; this may be according to R. Jose.<span class="x" onmousemove="('comment',' V. supra p. 24, n. 12. ');">³⁴</span> Granted, however, [that it is according to the view of] R. Jose, might it not be suggested that R. Jose said that 'kindling a fire [on the Sabbath] is mentioned separately in order to indicate that it is a mere prohibition' [in the case only of] ordinary burning; the burning by the <i>Beth din</i>,<span class="x" onmousemove="('comment',' The death penalty of burning. ');">³⁵</span> [however, is surely a case of] boiling of the metal bar<span class="x" onmousemove="('comment',' Cf. supra note 4. ');">³⁶</span> concerning which R. Shesheth said that there is no difference between the boiling of a metal bar and the boiling of dyes?<span class="x" onmousemove="('comment',' Lit., 'what (difference is it) to me', Shab. 106a. The dyes were boiled in connection with the construction of the Tabernacle that was made by Moses, and any kind of labour that was there performed is included among the thirty-nine principal kinds of labour which are forbidden on the Sabbath (v. Shab. 73a) and involve the penalty of kareth. Cf. supra p. 26, n. 8. ');">³⁷</span> — R. Shimi b. Ashi replied: This Tanna<span class="x" onmousemove="('comment',' Who deduced from Scriptural texts that a judicial death sentence may not be executed on the Sabbath. ');">³⁸</span> [requires Scriptural texts] not because elsewhere he holds that a positive precept supersedes a prohibition, but because this<span class="x" onmousemove="('comment',' The assumption that the execution of a judicial death sentence might supersede the Sabbath. ');">³⁹</span> might have been obtained by inference a minori ad majus; and it is this that he meant to say: 'As regards the application of the text, Every one that profaneth it<span class="x" onmousemove="('comment',' The Sabbath. ');">⁴⁰</span> shall surely be put to death,<span class="x" onmousemove="('comment',' Ex. XXXI, 14. ');">⁴¹</span> it might have been said to apply to the several kinds of labour other than that of the execution of a judicial death sentence, but that a judicial death sentence does supersede the Sabbath, by inference a minori ad majus:

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