Siman 333

The Rambam wrote in chapter 26, law 15: "A storehouse of grain or of jugs of wine, even though it is permitted to take from it for one's needs—it is forbidden to begin to clear it out except for a matter of a mitzvah, such as if they cleared it for the hosting of guests or to establish a beit midrash in it. And how do they clear it: each and every person fills four or five baskets until they finish. And they shall not sweep the floor of the storehouse, but rather he enters and exits it and makes a path with his feet in his entering and in his exiting." Thus far his words.

The explanation of his words: According to the words of the Maggid Mishneh and the Kesef Mishneh it is so, for we hold like Rabbi Shimon who does not hold of muktzeh by reason of one having made it a storehouse and diverted his mind from them. And this is what he says: "Even though it is permitted to take from it to eat and to drink," for we do not hold of the prohibition of muktzeh, nevertheless, to clear it entirely is forbidden because of exertion, except for a matter of a mitzvah. And even for a matter of a mitzvah, each person shall not clear more than four or five baskets until they finish. And nevertheless, they shall not sweep the floor of the storehouse, so that one does not come to level the depressions, which is a Torah labor because of building. And that which he wrote: "But he enters and exits it and makes a path with his feet" does not refer to the above, but rather refers to a mundane matter, for regarding a mundane matter he was not permitted to clear at all, but rather when he wishes to enter there, he enters and makes a path with his feet (and it requires further study, for the language implies clearly that it is all one matter).

In my humble opinion, a different intention appears in the Rambam; for even though according to the sugya of the Shas (127a) this matter of "making a path with one's feet" refers to a voluntary matter, see there, nevertheless the Rambam explained his words according to the Yerushalmi, which asks: "What is the law regarding clearing from the storehouse in this order? Let us hear it from this: And they agree that he may not touch the storehouse, but he may make a path and enter and exit." Thus far its words. And it is not understood what this question is, for in the Mishnah we learned "one may clear," and furthermore, how can it say "and they agree that he may not touch the storehouse," and how can he not touch it since they are clearing it? Rather, this is the explanation: for in the Mishnah we learned "one may clear even four or five baskets etc., but not the storehouse," and its explanation is that he should not finish the storehouse because of leveling pits, as I have written, and it turns out that "storehouse" refers to the ground of the storehouse. And this is what it asks: What is the law regarding clearing from the storehouse in this order? Meaning, perhaps that which we learned "but not the storehouse" means that one person may not finish the ground of the storehouse, but in this order—namely, that each person clears a space of four or five baskets—it is permitted, or is it entirely forbidden? And it brought from a Baraita: "And they agree that he may not touch the storehouse," meaning the ground of the storehouse. However, if so, even though they cleared the produce, nevertheless much still remains on the ground and it is difficult to walk there; for this, he makes a path with his feet to clear them here and there and enters and exits. This is also the intention of the Rambam, and this is not a contradiction to our Shas, which does not deal with this (and the Korban HaEdah and the Pnei Moshe labored in the explanation of the Yerushalmi, see there).

The Tur and the Shulchan Aruch wrote: "And how does one clear it: if the storehouse was large, one may clear five kupot from it. If it contained only five kupot, one may clear four of them, but one may not clear all of it, lest one come to level pits." Thus far their words. And there is such an okimta in the Gemara there, but the Rambam ruled according to a different okimta. And what is the measure of a kupah: it is stated in the Yerushalmi: of three se'in, see there, for every kupah holds three se'in. And they wrote that even though for an optional matter it is forbidden to begin the storehouse because of tircha, nevertheless, if one began to clear it while it was still day—it is permitted to clear it on Shabbat even for an optional matter (Beit Yosef and Magen Avraham). And there is one who disagrees with this, for it would be well if the prohibition were because of muktzeh, then it would be relevant to distinguish between if one began while it was still day or did not begin, but what relevance does this have to tircha, for is there no tircha when one began while it was still day (Turei Zahav). And in my humble opinion, it appears like the first opinion, for is tircha forbidden on Shabbat, and if one carries a heavy table is there no tircha? Rather, the matter is that even though we do not hold of muktzeh, nevertheless, it is set apart from him, and one should not begin with a matter that is set apart when there is tircha. But when one began while it was still day—it is not a matter that is set apart, and it is like all the labors in the house.

Our teacher, the Rema, wrote: Any shevut that they permitted for the sake of a mitzvah—they also permitted for the sake of guests. They are only called guests when they are hosted by him in his home or if he invited guests who are hosted by others; however, when he invites his friend to dine with him, it is not called guests and it is not a mitzvah meal but only a voluntary meal. Thus far his words. And when he invites his friend for the honor of the guest who is with him, it is called a mitzvah meal (Taz). Even with guests, the mitzvah belongs to the homeowner and not to the guests, and for them, this is called a voluntary meal (Magen Avraham, subsection 5). And when he invites his friend because his friend is a talmid chakham, it appears to me that it is called a mitzvah meal.

When one clears these four or five kupot, he may clear them to any place he desires: to roofs or to attics, and may ascend ladders with them to place them there (see Beit Yosef). However, he must be careful when clearing them not to divide them into small kupot to carry them many times in order to lighten the load, because in exchange for this he increases his walking, and the matter is more publicized; see what I wrote in siman 323, section 6. And these four or five kupot that he clears are for one guest, but if many guests came to him—he clears this amount for each and every guest. Provided that one person does not clear for all of them, as there is excessive toil, but rather each one clears for himself or another clears on his behalf (see Tosafot at the beginning of the chapter "Mifanin," starting with the words "U'leta'amich," for it implies that they hold that each one clears for himself; see there and in Rashi, and examine this closely).

Our teacher, the Rema, wrote: "Casks of wine that were brought on a wagon—it is forbidden to unload them on Shabbat, unless it is for the honor of guests or for the sake of a mitzvah, for it is like clearing out a storehouse." Thus far his words. That is to say, as long as they have not been unloaded from the wagon, it is an excessive exertion and is similar to a storehouse. And if a single cask is more than fifteen se'im—it is forbidden to take it, for this is more than five baskets as I have written. And the wagon arrived from before Shabbat, for if it arrived on Shabbat from outside the techum—it is forbidden to the person for whom it came, as I have written in siman 325.