Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 312:10

רבי יהושע

IN [RESPECT OF] THE SABBATH<span class="x" onmousemove="('comment',' When these are forbidden, and the rule, 'whenever something is suitable for fusion, actual fusion is not essential', cannot be applied. ');"><sup>28</sup></span> HOW MUCH MORE SO IN [THE CASE OF] A WEEK-DAY?<span class="x" onmousemove="('comment',' When writing and acquisition are permissible and possible, and the rule, 'Whenever something is suitable etc.' (V. previous note) may be applied. ');"><sup>29</sup></span> SIMILARLY: ONE MAY ACQUIRE OWNERSHIP ON BEHALF OF A MINOR<span class="x" onmousemove="('comment',' Because he himself is not legally entitled to acquire possessions. ');"><sup>30</sup></span> BUT NOT ON BEHALF OF [A PERSON WHO IS] OF AGE,<span class="x" onmousemove="('comment',' Since he is himself able to acquire possession. ');"><sup>31</sup></span> THESE ARE THE WORDS OF R. ELIEZER. R. JOSHUA SAID: [IF THEY ALLOWED POSSESSION<span class="x" onmousemove="('comment',' In his absence. ');"><sup>32</sup></span> TO BE ACQUIRED] ON BEHALF OF A MINOR,<span class="x" onmousemove="('comment',' Who cannot himself acquire. ');"><sup>33</sup></span> HOW MUCH MORE SO ON BEHALF OF [A PERSON WHO IS] OF AGE.<span class="x" onmousemove="('comment',' Since he himself is entitled to acquire and be may also appoint an agent to act on his behalf, others also, much more than in the case of a minor, are entitled to acquire possession for him in his absence. ');"><sup>34</sup></span> <b><i>GEMARA</i></b>. Whose [version is represented in] our Mishnah? — It [is that of] R. Judah. For it was taught: R. Meir stated, 'R. Eliezer said: On a week-day his [verbal] instructions<span class="x" onmousemove="('comment',' V. supra p. 681, n. 7. ');"><sup>35</sup></span> are legally valid because he is able to write,<span class="x" onmousemove="('comment',' And the rule, 'Whenever fusion is possible. actual fusion is not essential', can be applied. Since writing and acquisition are possible on a week-day, actual writing and acquisition are not indispensable. ');"><sup>36</sup></span> but not on the Sabbath.<span class="x" onmousemove="('comment',' V. supra p. 681, n. 11. ');"><sup>37</sup></span> R. Joshua

Teshuvot Maharam

Q. A teacher rendered a decision permitting Jews to instruct a Gentile on the Sabbath to go outside of the city limits in order to be ready to assist relatives of a deceased in their burial operations.
A. The decision of the teacher is incorrect, for ordinarily whatever a Jew is not allowed to do on the Sabbath, he is not permitted to tell a Gentile to do.
This Responsum is addressed to R. Nathan, an uncle of R. Meir. But according to Cr. 20, it was sent to R. Hezekiah of Merseburg.
SOURCES: Cr. 20; Pr. 637; Wertheimer 15; Mord. Shabb. 314; Hag. Maim., Shabbat 6, 9.
Ask RabbiBookmarkShareCopy
Previous VerseFull Chapter