THOUGHTS ON THE DAILY DAF
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1) WHAT GOES UP IS PERMITTED TO COME DOWN
OPINIONS: The Gemara presents a contradiction between two Beraisos. In one
we find that a person who climbed a tree *may* climb back down on Shabbos,
and in another we find that he may *not* descend on Shabbos but must stay
where he is until the end of Shabbos.
The Gemara explains that the Beraisos are discussing two different cases.
If a person climbs the tree *before* Shabbos begins, he may descend the
tree on Shabbos. If he climbs the tree after the start of Shabbos, he must
remain in his place in the tree until Shabbos ends. Why may the person
climb back down in the former case?
(a) RASHI DH Im Alah explains that the Gemara means, if a person climbed
before Shabbos, "and before he before he knew it, Shabbos began ("v'Kidesh
Alav ha'Yom")," one may descend on Shabbos. It seems from Rashi's words
that the person may descend since he did not do anything wrong
intentionally. He originally planned to descend before the start of
Shabbos, but before he got a chance to descend he suddenly noticed that it
already was Shabbos. (This is similar to the second answer of the Gemara,
that one Beraisa is referring to one who climbed the tree, on Shabbos,
b'Shogeg, while the other is discussing b'Meizid.) The TUR (OC 336) also
records such a ruling; only if one climbed with intent to descend before
the start of Shabbos, may he descend on Shabbos.
HALACHAH: The SHULCHAN ARUCH (OC 336:1) cites both opinions. The MISHNAH
BERURAH there (336:10) rules leniently, that one may descend even if he
ascended before Shabbos with *intention* to descend on Shabbos, like the
Rambam, because it seems to be the majority opinion.
(b) However, the MAGID MISHNAH infers from the wording of the RAMBAM (Hil.
Shabbos 21:9) that even if one originally intended to descend *after* the
start of Shabbos, it is permitted for him to descend on Shabbos. The
reason he may descend is apparently because he because he only did
something wrong passively (by remaining on top of the tree at the start of
Shabbos) and not actively (by climbing it on Shabbos). This is also the
ruling of the RITVA here (and the Korban Nesanel, 10:11:10).
It is also permitted to descend if one climbed the tree, even *on*
Shabbos, b'Shogeg (not realizing that it was prohibited to do so), like
the second answer of our Gemara.