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Le-toldot ha-ḳaṭegoryah shel isure "ʿovadin de-ḥol" be-Shabat ṿe-yo[m] ṭ[ov] ṿe-yiḥusah la-ḳaṭegoryah shel isure ha-"shevut" / me-et Admiʾel Ḳosmanלתולדות הקטגוריה של איסורי "עובדין דחול" בשבת ויו"ט ויחוסה לקטגוריה של איסורי ה"שבות" / מאת אדמיאל קוסמן
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destructive and not constructive does not require a sin offering if done, even if it involves great hardship and toil. This leads to the conclusion, that a creative act is what is forbidden on the Sabbath, a creative act by a person in his environment, a constructive act done on the Sabbath requires a sin offering for forgiveness, even if it does not involve toil or hardship. In contrast, a destructive act even if it requires toil and hardship and lasts the entire Sabbath- does not require a sin offering. Rabbi Yehuda Halevi, Rabby Haim Ben Attar and Rabbi D. Nieto define the laws of the Jewish Sabbath in this manner. From the above the conclusion is very clear: The Torah does not prohibit hardship and toil of itself. This conclusion is supported by Rav Saadia Gaon and others who understood the Torah commandment to desist( the root" nv") is not a command to rest but a cessation of creation. We have also found another thought that explains the distinction between a forbidden" Melacha" that is tied to constructive creation and" Avoda" which is hardship and toil which was not forbidden on the Sabbath by the Torah. It would seem that this halacha should be tied to the identification of the 39 Melachoth of the Tabernacle( although this is not accepted by all the commentators). The Rambam does not hold a definite position that sees a Torah Prohibition on hardship and toil on the Sabbath per se. Only with the Ramban in his commentary on Leviticus 23, 24 do we clearly find for the first time the argument that there is a Torah Prohibition on the violation of the commandment to rest without any connection to the melachoth and their derivatives. The Ramban repeats the earliest sources in the Halachic Midrashim in the Mechilata of Rabbi Yishmael and Rabbi Shimon ben Yochai and draws the definite conclusion that the " Shevut" Prohibitions are Torah Prohibitions and derive from the violation of the positive commandment in the Torah to rest" Shabaton". The other sources that hold that the' Shevut" Prohibitions are rabbinic in origin he explains that there are two levels of" Shevut" Prohibitions: The violation of the Torah commandment is expressed

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