These two mitsvot
are obviously
related, and
fairly well
known, so we
will spend
most of our
space on
aspects of
these mitsvot
that might not
be widely
understood.
The basic
obligation for
the first is
to positively
command us to
desist from
those
activities
prohibited as melakhot
on Shabbat,
and for the
second is to
articulate
verbally that
Shabbat has
arrived.
(Doing so on
wine or bread
is generally
seen as a
rabbinic
requirement).
Most
simply, the
first
obligation
delineates
exactly the
same religious
experience as
the
prohibition of
creative labor
on Shabbat.
Indeed, when
the Sefer
haHinukh
discusses it
in Mitsvah 85,
he only says
that he has
already
discussed it
in the earlier
Mitsvah
prohibiting
such activity
(32). This
view of the `aseh
would also
explain why we
are sure that
women are
obligated
(despite its
being
time-related).
As we have
mentioned
before,
however,
Rambam seems
to count the aseh's
of a mitsvah
separately
from the lo
ta`aseh
because he
sees them as
having added
religious
content. Even
Ramban, who
generally sees
the Torah's
decision to
make a mitsvah
into an aseh
and a lo
ta`aseh as
adding only to
the severity
of the
commandment
rather than to
its religious
content, here
agrees with
Rambam. These
two
authorities
seem to agree
that the `aseh
is
fundamentally
the same,
because they
too apply it
to women.
At the same
time, they
also use the `aseh
to expand the
scope of rest
dramatically.
Ramban notes
that the
Torah's
prohibition
against
creative labor
left open the
possibility of
nonetheless
spending the
day of Shabbat
(and Yom Tov,
for that
matter) in
heavy labor--
moving
furniture back
and forth is
one
still-relevant
example. To
avoid that
possibility,
Hashem also
commanded us
positively to
rest on
Shabbat. In
his derashah
le-Rosh
haShanah,
Ramban defines
the word shabbaton
as obligating
rest in the
simple sense
of the term,
in addition to
the avoiding
of creative
labor made
incumbent by
the
prohibitions
of those days.
Rambam opens
the 21st
chapter of
Hilkhot
Shabbat by
mentioning
that the word tishbot
requires that
we rest even
from
activities
that are not
specifically a
melakhah. He
then spends
the next
several
chapters
listing shvutin,
rabbinically
prohibited
actions, many
of them
included
because they
are similar to
melakhot
de-oraita.
While we might
fool ourselves
into thinking
that Rambam is
just adding a
literary
flourish with
his
introduction,
it seems more
likely that he
is explaining
the source of
Hazal's
decision to
create so many
shvutin—
the verse
tells us to
avoid
activities
that smack of
creative
labor, not
just that
technically
qualify as
such labor.
To use an
example
recently
pointed out to
me, Rambam
(following an
explicit
Talmudic
statement)
prohibits
women from
coloring their
faces on
Shabbat, as an
extension of
the melakhah
of tsove`a,
of painting or
dying animal
hides. Placing
this in the
context of tsove`a
does not mean,
as we might at
first think,
that we worry
that someone
who applies
makeup or
lipstick will
then go out
and do the
same on a de-oraita
level. Rather,
Hazal saw the
Torah's
category as a
paradigm for a
type of
activity in
which we
should not
engage on
Shabbat, and
defined other
similar ones.
Rambam's
introduction
to the
chapter, then,
is showing us
that all of
these rabbinic
requirements
actually have
their root in
a very general
positive Torah
requirement.
Indeed, it
also tells us
that the
Torah's list
of 39 melakhot
are not only
the specific
examples we
can draw from
the building
of the Mishkan,
they are meant
as broad
categories of
activity from
which we
should desist
on Shabbat.
The act of
building the
Mishkan, then,
encompassed
the general
types of
creativity
that would
constitute a
violation of
Shabbat; by
avoiding
those, or
others
reasonably
similar to
them, we can
fulfill
Shabbat most
completely.
In terms of
the obligation
of verbally
declaring it
Shabbat, the
most obvious
issue in
Rambam's
presentation
is his
inclusion of havdallah
as a de-oraita
obligation,
based in the
same verse of zakhor
et yom
haShabbat le-kadesho.
Rambam's view
seems to be
based in his
textual
version of
Pesahim 106a,
where he
apparently had
the words bi-kenisato
u-ve-yetsiato,
when Shabbat
enters and
ends. Our
texts just
read bi-kenisato,
which makes
sense in
context, since
the gemara
is discussing
whether or not
one must make kiddush
during the
daytime as
well. Aside
from the
question of girsa,
textual
version,
Rambam's view
also radically
changes the mitsvah.
While our
observance
means that the
Torah cared
only about
declaring
Shabbat as it
entered,
Rambam's views
the mitsvah
as separating
Shabbat from
the rest of
the week
verbally. To
do so, we must
delineate both
its beginning
and its end
ourselves.
In that
version, the
Torah might
have cared
about us
"creating"
Shabbat--
although the
parameters of when
we can do
that are set
by the sun and
stars (before
the stars come
out on Friday,
afterwards on
Shabbat
afternoon),
the actual
start and end
of Shabbat is
supposed to be
done by us.
Just as God's
final creative
act during the
week was the
creation of
Shabbat, we
are weekly
enjoined (in
Rambam's
reading) to
similarly
create the day
of rest.
Rambam's
view of havdallah
as a de-oraita
obligation
also has
implications
for women.
Despite kiddush
being a mitsvat
`aseh she-hazman
grama, Berakhot
20b derives an
obligation
from a
comparison
between zakhor
and shamor
(another
indication
that the
positive and
prohibitive
elements of
Shabbat
observance are
intertwined).
For Rambam,
that means
that women are
also
obligated, on
a Torah level,
in saying havdallah
at the end of
Shabbat.
Shabbat
Shalom.