Talmud Bavli
Talmud Bavli

Responsa for Shabbat 62:8

ור' יוחנן אמר לעולם כר"ש ס"ל ומאי שנא פתילה כדאמר רב המנונא ואיתימא רב אדא בר אהבה הכא בפתילה שצריך להבהבה עסקינן דבההיא אפילו ר"ש מודי דקא מתקן מנא אמר רבא דיקא נמי דקתני שהוא עושה פחם ולא קתני מפני שנעשית פחם ש"מ:

yet there it was taking down in order to rebuild elsewhere?<span class="x" onmousemove="('comment',' The Tabernacle was only taken down when they had to journey onwards, and it was re-erected on their new camping pitch. ');"><sup>21</sup></span> It was different there, answered he; for since it is written, At the commandment of the Lord they encamped, [and at the commandment of the Lord they journeyed],<span class="x" onmousemove="('comment',' Num. IX, 23. ');"><sup>22</sup></span> it was like demolishing in order to rebuild on the same site.

Responsa Chatam Sofer

First, it is temporary binyan. The meaning of temporary binyan is that it is made, from the outset, to be built and demolished and rebuilt and re-demolished at all times, just as the Tabernacle was built. There is a disagreement among Amoraim: according to the one who maintains that since they camped at God’s word the binyan was considered permanent, we may thus return to the principle that temporary binyan is not binyan. Since we find that the our Talmud [Bavli] states anonymously in the chapter “Ba-meh Madlikin” (Shabbat 31b), in the discussion of one who makes charcoal, in a passage about one who demolishes in order to build at the same location, that since Scripture states that they camped according to God’s word, it is considered an established place, and this is not rejected, we may derive from here that this is the ruling. This is further implicit in Tosafot on Shabbat 94a, s.v. “R. Shimon poter.” Since the halakha is that a temporary binyan does not constitute a binyan, and a parasol, of course, is constructed temporarily. See also Mo’ed Katan 9a, which offers a contrived answer as to why they were concerned [about the fact that they had participated in the construction of the Temple on Yom Kippur] and does not answer that one might distinguish between the construction of the Temple, which does not even supersede the holidays, whereas the “Days of Training” (“yemei ha-mili’im”) [for the construction of the Tabernacle] even supersedes Shabbat, for they erected and dismantled it every day. Perforce, then, building and dismantling it temporarily, every day, was a temporary construction, like a parasol, and is dissimilar to the construction of the Tabernacle at a place of encampment—“by God’s word they encamped.”
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