Siman 322

An egg that was laid on Shabbat is forbidden even for handling. And this is not because of nolad, for we have already explained in siman 308 that most of the poskim hold that nolad is permitted on Shabbat. Rather, the reason is explained at the beginning of Beitzah, and so wrote the Rambam in chapter 1 of Yom Tov, that this is due to a decree regarding a Shabbat following a Yom Tov. That is to say, we hold that a weekday prepares for Shabbat but a Yom Tov does not prepare for Shabbat, and any egg that is laid today was completed yesterday, and it turns out that Yom Tov prepared for Shabbat. Therefore, they decreed to forbid on every Shabbat an egg that was laid on it, as a decree because of a Shabbat that follows a Yom Tov.

And it is forbidden even to touch it, and even though every muktzeh is permitted with a mere touch, as I wrote in siman 308, nevertheless regarding an egg which is round and will easily move from its place—touching is forbidden, for with the touch it will wobble. And it is permitted to invert a vessel over it so that it will not break, for we hold that a vessel may be moved even for the sake of an object that may not be moved on Shabbat, as I wrote there. And if the egg became mixed—even in a thousand eggs they are forbidden and they have no nullification, for we hold that a thing which has permitters is not nullified even in a thousand, and this egg will be permitted on the conclusion of Shabbat, and even with a rabbinic prohibition it is so. And even a doubt if it was born on Shabbat and became mixed—it is also not nullified, as I wrote in Yoreh Deah siman 102. And with a different species—it is nullified in sixty, as I wrote there. And therefore an egg that was born on Shabbat and broke and the white or the yolk or both together became mixed into cooked foods where it is impossible to separate them and take them—they are nullified in sixty.

And when Shabbat and Yom Tov are adjacent to one another, if it was laid on this one, it is forbidden on this one. And the reason is that since Yom Tov does not prepare for Shabbat and Shabbat does not prepare for Yom Tov, and the egg that was laid on Shabbat is forbidden on that day as has been written, and likewise on Yom Tov, and if so, when Yom Tov falls on the eve of Shabbat, if we were to permit it on Shabbat, it would result in Yom Tov having prepared for Shabbat. That is to say, since on Yom Tov it was forbidden and for Shabbat it would be permitted, the Yom Tov has prepared the permission for Shabbat, and Yom Tov does not prepare for Shabbat; and likewise for a Shabbat that precedes Yom Tov (and see Tosafot, Beitzah 4a, s.v. 'Ella').

Fruits that fell from a tree on Shabbat or were detached from a garden are forbidden on that day due to a decree lest one climb and detach them; so wrote the Rambam in chapter 21, and so it is at the beginning of Beitzah. And certainly, even without this, they are forbidden due to mוקצה, since they were attached during bein hashemashot, and even Rabbi Shimon admits to this mוקצה of being attached, as it is like the active rejection of dried figs and raisins (Tosafot at the beginning of Beitzah in the name of Rashi). However, sometimes there is no mוקצה, such as when the tree stands in a courtyard and has ravens whose habit is to detach them, and his intent from the eve of Shabbat was that they would be detached on Shabbat, and there is no mוקצה (ibid.). And sometimes there is no decree of "lest one climb and detach," for this decree only applies to a tree where one detaches in a single moment and might momentarily forget about Shabbat, but fruits hidden in the ground, such as garden seeds that require a spade or a pickaxe to dig them up, in this case there is no decree, for during the duration of the time he will remember that today is Shabbat, and therefore one also needs the reason of mוקצה (ibid.). And in the evening, the fruits are permitted immediately and there is no need to wait the time it takes for them to be produced, for since no forbidden labor was performed with them, as they fell on their own, they did not decree on this to wait the time it takes for them to be produced; and see in siman 325.

We say in Beitzah (33b): "Animal food is not subject to the prohibition of fashioning a vessel." That is to say, there is sometimes a prohibition in making something that is insignificant, and nevertheless it is a vessel, and one who makes it is liable for a chatat; for example, one who takes a wood splinter and fashions it to pick his teeth with it, even though it is nothing, nevertheless the name of a vessel is upon it, for it is used for picking the teeth. This applies to a wood splinter, but straw or hay that is fit for animal food is not subject to this liability of fashioning a vessel, and it is permitted to fashion straw or hay to pick his teeth with it, and it is permitted to cut it even with a knife to fashion it so that it will be fit for this. And the reason: for anything intended for eating is prepared for any need (Levush), for I can eat in any manner I wish, whether by cutting or by breaking, and so it is with animal foods, and the name of fashioning a vessel is not upon it. But a wood splinter—it is forbidden to take it to pick his teeth with it, even if it does not require fashioning, lest he come to fashion it for this and become liable for a chatat if he cut it for this, for so the Rambam ruled in chapter 11, see there. And if he invited a guest for a meal on Shabbat and did not have time to prepare a wood splinter for picking teeth—they permitted it for him for the sake of human dignity if in his place this is considered a disgrace if they do not pick the teeth, that he may take a wood splinter and pick with it as it is (Magen Avraham subsection 4, for so it is in the Gemara 81b, see there); and to fashion a vessel with foods is certainly forbidden.

And so too regarding things intended for smelling—they do not possess the stringency of repairing a vessel, and therefore it is permitted to handle branches of spices to smell them and to wave them for a sick person, and even for a healthy person it is possible that it is permitted to wave (see Magen Avraham, subsection 5), and one may break it and prepare it by hand, but not with a tool (ibid. subsection 6). And even though animal fodder is permitted even with a knife, they were more stringent regarding branches of spices since they are not intended for eating (see Taz, subsection 3). And one may rub it by hand to smell it, whether they are hard branches of spices or soft ones, and in siman 511 it will be explained that specifically to add scent is permitted, but to create a scent is forbidden, see there, for there are specific laws regarding this.

Members of a group who eat together, each from his own, and they cook together, and at the time of eating they divide the portions among themselves: if they are particular with one another such that one will not yield anything to his fellow—they are forbidden to eat together on Shabbat, because it is likely that due to their being particular they will come to weighing and counting, and according to the counting they will come to calculation and will come to measuring; but if we do not know that they are particular—it is permitted. However, if they came to cast lots [to determine] to whom this portion shall arrive and to whom that portion—it is forbidden even in an ordinary case, for we see that they are particular, and therefore such people should not partner for Shabbat to eat together. But ordinary neighbors—are permitted, for they certainly will not be particular and will not cast lots (see Magen Avraham, subsection 7), but with a lot—they are forbidden. And the sages of blessed memory said (148b): that a head of a household with his sons and the members of his household may cast lots for the portions, for since everything belongs to the head of the household, being particular such that they would come to prohibitions is not applicable, rather he does so in order not to cause envy during the meal. And specifically when the portions are equal, but if one is a large portion and one is a small portion—it is forbidden to cast lots [to determine] to whom the large one shall arrive and to whom the small one, even with his sons and the members of his household, for this is like a game of dice which on Shabbat is obviously forbidden, as it is like commerce. And even on a weekday some forbid dice, as we explained in Choshen Mishpat siman 207 section 23, for this is the opinion of the Rambam; see there.

But the Rambam in chapter 23, law 17 wrote: "It is forbidden to cast lots or play with dice on Shabbat, because it is like buying and selling. But a person may cast lots with his sons and the members of his household for a large portion against a small portion, because they are not particular" thus far his words, and he permitted with his sons and the members of his household even a large portion against a small one, since it all belongs to him and it is nothing more than mere play and amusement. But the Tur forbids in such a case, as I wrote in the previous section, and they depend on the sugya of the Gemara, see there (see Beit Yosef and Taz subsection 4). And it is stated in the Gemara (149b) that they would cast lots in the Temple for the portions of the consecrated meats that reached them, because the eating of consecrated meats is a matter of a mitzvah, and they did not forbid lots for a matter of a mitzvah. Therefore, one may cast lots for consecrated items or for any other matter of a mitzvah, but not for a matter of a mitzvah - it is forbidden to cast lots, for this is like buying and selling. And even by means of a non-Jew - it is forbidden to cast lots on Shabbat, because the matter itself is like buying and selling. (And the Magen Avraham subsection 9 holds that even for a matter of a mitzvah, when he could have cast them yesterday - it is forbidden, see there; however, the proof he brought from there regarding weekday portions, that it is forbidden to cast lots in the Beit HaMikdash, is not a proof, because there the lot is truly not according to the law, for they do not divide sacrifices against sacrifices as the Tosafot wrote there, beginning with the words "Metilin," and it is only to quiet the quarrel, therefore they did not permit it for weekday portions, see there and examine it closely) (And the lot for a matter of a mitzvah that was permitted is not with notes, where each one draws a note, for this is certainly forbidden, but rather a lot by opening a book and seeing the letters as is customary) (And as for why there was no lot for the Showbread, which the Magen Avraham alluded to and thereby forbids lots on Shabbat, according to what I wrote it works out well, and examine it closely)