Hilchos Shabbos: Renting or Lending an Animal to a Non-Jew, Shevisas Behemah, and Sechar Shabbos

Transcript

להשכיר או להשאיל. ... אינו יהודי. להשכיר או להשאיל. חידוש, להשכיר. You would come and say, להשכיר, it's not mine. ... I'm renting it. סוף סוף זה שליח, yeah? Mechirah is finished, right? Mechirah is finished. We know the story with the animal of the Tanna, that after the mechirah he still didn't want to work. The behemah didn't want to work. Pinchas ben Yair. The behemah didn't want to work. Tzadik. Tzadik. Until the tzaddik came and told him ... that he should work. That's mechirah. It's mechirus. So again, mechirus is mikzat kinyan. We know schirus has a din of mikzat kinyan. Still, it's not l'gael shevitas behemto. It's not called a real kinyan to the akum, and that's the chiddush. The only thing is, so then what's the chiddush of l'hash'il? He should say, להשכיר, and then you know for sure, להשאיל, right? L'choira, if it's להשכיר, it's considered what? Yitzchak, yeah? להשכיר בהמה. We're not talking about the po'alim that we make work in the kitchen. We're talking a real schirus behemah, different type of schirus behemah, yeah? So the question is, what's the chiddush? So, לא, אין פה chiddush stam. It goes together, להשאיל, להשכיר. It's usually a lashon that goes together, maybe. Okay. על כל פנים, אסור להשכיר או להשאיל בהמתו לאינו יהודי, כדי שיעשה בה מלאכה בשבת. In order that it should do melachah b'Shabbat. Comes out, I had a frying pan, this diuk, and spent the whole morning on the diuk. L'choira, it's mashma from the Mechaber that if I didn't give it to him l'hedya for Shabbat, I stam gave it to him. If I gave it to him, a loan, take it, and he agreed to use it on Shabbat, then it will be mutar. You see, in bahavla mutar. Before, but we didn't go to havla. If I gave it to him and he agreed to use it on Shabbat, since I didn't give it to him to use on the Shabbos, I didn't tell you, go take it for Shabbos. So l'choira it's mashma it's mutar. Comes along the Mishnah Berurah, and he says, Tzarich lomar shema ya'aseh bah hagra, v'chein muchach mehaShulchan Aruch gufa. So first of all it's a gra, and he says it's also muchach from the Shulchan Aruch. How is it muchach from the Shulchan Aruch? When it says he gives it k'dei sheya'aseh bo melachah b'Shabbos. It's not true. Even if I didn't give it to you for Shabbos, I gave it to you for the weekdays, but you might use it on Shabbos. It's not that you have to—it's not like I gave it to you Friday for Shabbos. But the Gra says you have to fix it. You have to say Shabbos. And he says, Hei muchach from the Shulchan Aruch itself. We'll soon see how is it muchach from the Shulchan Aruch itself. Okay. Al kol panim, sheha'adam mitzuveh al shvitat behemto. A person is metzuveh on the shvitat behemah. Adam mitzuveh al shvitat behemto. Now the lashon of adam mitzuveh al shvitat behemto is mashma that it's a tzivui on the person, shehabehemah shelo yishbot. Adam mitzuveh al shvitat behemto. Not pshat, the lashon is that there's an issur for the behemah to work. It's not an issur for my behemah to work. The lashon is, adam mitzuveh. In other words, the person is mitzuveh. Al shvitat behemto. No, no, it shouldn't came, it shouldn't say. I mean, the lashon could have been, adam mechuyav to make sure his beheima is mushbat. That's exactly what we're going to talk about. That's exactly what we're going to talk about. It's a shaylah in the poskim, yeah? Adam mitzuveh. It could have, in other words, the lashon is mashma that a person is responsible to make sure his beheima is mushbat. That's the lashon. Adam mitzuveh, a person is commanded, al shvitat behemto, which the lashon literally is mashma that I am mitzuveh, I am commanded to make sure that my beheima is shovet on Shabbos. Not sheyesh issur al — I mean, it can't be the beheima — aval yesh issur al adam k'shebehemto oved, ela ani mitzuveh lihyot, kemo sheani chayav lehizaher sheani ishamer b'Shabbos, ani chayav lihyot...

Here that my beheima should be shovet on Shabbos. That's the lashon. We'll soon see the implications. Comes along the Ramban, he says a chiddush, hagah: Aval yachol lazkir lashilo v'lehasnos sheyachzirenu l'kodem haShabbos. And we once spoke about this, that even though technically you can't believe a goy, l'maaseh you can make a tenai with the goy, he should give it back to you on Shabbos. You can make a tenai. Aval, but, lo mahani im matna im ha'eved Yehudi. It can't make a tenai, because that you can't believe. If you make the tenai, he gives it back to you, then it's good. Why? Because then he might come back. No, I'll make sure I get it back. I'll be on top of it. But to leave it in his reshus, and he gives you his word, he can promise and swear from today till tomorrow, you don't believe him. A liar is a sheker, you don't believe. Ein ha'eved Yehudi ne'eman al kach. He's not believed. Okay. Says the Vaiter: V'im hishilo, hizkir lo eini Yehudi, v'histir lo lehachzir lo kodem haShabbos, v'ikva. What happens if he didn't give it back? So after you rent him, what you should do is you should be mafkir it, beino u'lebein atzmo, kodem haShabbos. O yomar, or he should come and say, Behemto kniah l'eini Yehudi. Why? K'dei sheyinatzel mi'isur d'Oraisa. Like this, he won't come to be over an issur d'Oraisa. He's holding it; he can't reach the goy. He put you on caller ID, he doesn't want to pick up. So what do you do? You makneh it to him, the beheima. Hagah: v'yachol afkir lifnei gimel bnei adam k'din she'ar hefker. If he wants, he can even do a real hefker. Let's not just say it; he should say it in front of three people. Lafkiyum hachi, ein shum adam yachol lizkot ba, because devadei ein kavanaso rak l'hafki'a me'issur Shabbos. The whole cheshbon is only l'hafki'a me'issur Shabbos, so therefore it's not a real hefker. So chiddush, it's not a real hefker, then it's not real. What? Yeah, because the pshat is, as long as he doesn't bring it back and he is working by beheima, who cares? You don't have to tell him; tamir lakum is telling. Also telling you, d'mechamas lav davka, that's what he's trying to say. That's the raya. Mishnah Berurah says the raya is it's lav davka, I told him, even if he's doing it on his own. That's what he meant from the Shulchan Aruch's mashma. Okay. That's right, it's just to get out of it. That's right. Get it off his shoulders. He doesn't want the issur. Yeah, but l'maaseh it's not ... it's not a real hefker, so how does it work? It's a very interesting trick over here. It's not real. You should know that in Hilchos Pesach we don't say this works. In Hilchos Pesach, real hefker. Grata, there's a very interesting psak halacha from the Beis HaRav. There was once in Europe that they sold the chametz to the goy, right? Right, he came back on Shabbos. What happened was they can't eat it. Yeah, they came. What happened was that there was a bunch of goyim that came to the warehouse. They used to keep it in a warehouse, all the chametz, and the goyim came and then started to ... So they came to the beis din. What should they do? So the beis din says, go take a stick, kick them out. But they sold it. Huh? But they sold it. You sold it, but who said that ... but do you have a power? It's only ... You see from here that it's shayach. Lafkia Yisro also to make a kinyan, and it's not a real kinyan, shum achi yochel l'hizkazboi. You see from here. He paskens, he says—it's interesting, you see chiddush—you see from here that it's only lafkia Yisro. Okay, I don't want to get into this nekudah. I want to get into something else first. Is there any hilchos kinyan in—huh? Send them, halacha l'maaseh. To be mafkia Yisro, it's not real, but af al pi kein it works, right? Now, ein shevuah d'myochel l'hizkazboi, d'vadai karos rak l'lafkia me'alav issur Shabbos, v'davka b'Shabbos. Aval b'Yom Tov, ein adam mitzuvah al shevisah b'hemto, and the mitzvah Hashem, we're going to speak about this—it's a big machlokes, we'll speak about it—adam lo mitzuvah al shevisah b'hemto. Okay. Comes along the Bach here, comes along the Bach, and he says, this is very nice. What should you do? You mafkir it, and everything's okay, right? That's what's mashma. There's a shita that learns it's only b'havla. Tur brings it down. Even when the Mechaber says mashma na, the Mechaber's mashma that as long as you're mafkir, it's good enough. Comes along the Tur, brings a shitas haSmak and says, not so pashut. What do you have to do? You have to go and also, also get the payment for that day b'havla, because if you're getting paid for that—

Day, then it will be aser. Meaning, if it's taka payment day by day, and he gets paid for the Shabbos, it will be aser. I'm gonna read the Bach inside. It says the Bach like this. Miro. V'af al gav d'pshita hu d'bloi havla'ah asur, it has to be that it's with havla'ah. Why? Because otherwise it'll be aser al schar Shabbos. You're right. You got away from the problem of shevisas behemto, but you don't take care of the problem of what? Schar Shabbos. You're mafkir. I'm saying, but you have no choice. Right now you don't want to be over the issur. But the guy will give it for a whole week, not for Shabbos. He'll check like a... What do you mean? ... Kashlum, ha-tashlum tzarich lihyot al kol ha-yamim, lo ki lo ani meshalem kol yom. It can't be that I'm getting paid... No. So you better make sure that that's the way it is. You better make sure that you don't get paid eighty dollars here for Sunday, for Monday, Tuesday, and for Shabbos. I'm saying, so for the schar Shabbos, nothing. Let's throw an order. Nira, v'af al gav d'pshita hu d'bloi havla'ah asur mishum schar Shabbos, k'mevuar l'eil b'tchilas siman zeh, meikol makom chazar v'kasav, v'kan. For a davar pashut, it says over here again. V'af al pi d'fkirah, v'heima knuyah l'goy, afilu hachi ha-schirus asur, im haya schir Yisrael. The schirus will be aser because he's a schir Yisrael, and that's exactly how he started off this shiur, to start the shiur with. Even though schirus is a kinyan, and it's coming to the goy, schirus is a kinyan. V'heima knuyah l'goy. Hafa pidyon fekirah. V'beheima kruyah, afilu achi ha-schirus asur, im hayah schiruy. And even though technically there's a kinyan called schirus, but it's not enough for Hilchos Shabbos, not enough to be oiver. Why? Mishum d'l'soif k'shechozer v'zocheh b'beheima, meitzil schar Shabbos l'mafreya. You know what the problem is? Because l'maaseh, when you get back the beheima, it comes out that you got schar Shabbos. Meaning, listen to what the Bach is trying to say. It's not mine that day, so then I never got paid for the animal for that day. It's not mine. Let's say he gives me money. Let's say he tells me like this: Sunday, Monday, Tuesday, Wednesday, Thursday, for Shabbos here's twenty dollars. What's the problem? It's schar Shabbos, says the Bach. No, it's not. It's not matanah. Oh, the Bach is beautiful. Bach is... Sorry, the Bach, no? You don't agree? Why? I don't understand. The what? You've got to make more sense. But listen to the Bach. You hear? Listen to what the Bach is saying. Says the Bach, l'maaseh, when you have schirus, you're not allowed... But once you were mafkir the beheima, it should be alive, says the Bach. No. You know why? Because now, when you get back the animal, when you get back the animal, what happens? It comes out lemafreya you got schar Shabbos. Yeah, lemafreya. Lemafreya, when you get back the animal, it came out that you got schar Shabbos. He gives you twenty dollars for Shabbos. So technically, you didn't get the twenty dollars for the animal; you got it as a present. The animal isn't yours; the animal's his. You were mafkir to him. But why don't we even allow to take it as a present? It's—we're all talking about that it happened. Lechatchila we tell you not to do this. But in case it happened, what do you do? We tell you, be mafkir it. Says the Bach, make sure it's b'havla'ah, because if it's not b'havla'ah, then you still have a problem with schar Shabbos. That's how he explains this machlokes. Now, ... Chachamim l'hatir al yedei hefker, ela b'Shamai d'asri shevisas keilim, kivan d'afkarei mafkir lehu, shari, ... Shabbos, ... beheima, aval litein schar Shabbos al yedei hefker lo yashkichan d'tiru. But al yedei hefker it's not going to come out to schar Shabbos. Why not? That's the kasha. So another ... because that—so let it not work for the issur. Tell me something: schar Shabbos d'Oraisa or d'Rabbanan? It's Rabbanan. Shvisas beheima is? So d'Oraisa, it works if the Rabbanan doesn't work. What's going on here?

It says there is not metzuvah b'heimar. See, it is not metzuvah, so then it's not Shabbos. Make up your mind. Make up your mind. The Bach is saying a svara that it will only help me for what? Lafkia the problem of shvut b'hein. Lafkia the problem of schar Shabbos, it won't be mafkia. Why not? Teretz is, there's a pashut teretz, and there's a more... There's nothing to understand. It's a very simple thing. You learn, the pshat is, you don't want to be over the issur. What's the case of shvisa b'heimah? You don't want to be over the issur. You're talking about the guy is—you're stuck. The guy... No, I'm telling you, the hefker is not a real heter. It's a heter in order not to be over the issur shvisas Shabbos. But, ein hachanami, who says l'chatchilah? Can I go l'chatchilah and come and make it hefker so they should be able to use it for Shabbos? Maybe not. We don't know that yet. We don't pasken. So far, so far we don't see nothing. Right. The lashon of the mechaber is, the lashon of the mechaber is, in order not to be over. In the mechaber we only see, and in case the guy is using it, what do you do? You should be mafkir. So it's very possible that the hefker only works as a bedi'eved. And mistama, that's what the mechaber means. Since I didn't really bemafkir it, it's only not to be over the issur; it's only l'bedi'eved. That's why he tried to say is, it's only another way of being machmir not to be over the issur. You don't want to be over the issur, what could you do? You stuck. You stuck. What could you do? The guy might use it and you can't do anything. Teretz is, go bemafkir. Do you mean to hefker? You don't mean to hefker, really. So according to this, it will come out there wouldn't be l'chatchila l'bedi'eved. So that we spoke a few minutes ago. You see from here that somehow it works for l'chatchila l'bedi'eved, like we just said. I mean, obviously it works. But the only thing is, it's only taka b'di'eved. It's taka not to go l'chatchila and do this. B'di'eved, you're trying to save yourself from the issur. Your whole kinyan is klape the issur. You don't want to be over the issur, so therefore you have no choice; do this. But heicha nami, l'chatchila you won't be able to do it, and the Shabbos don't take it. Heicha nami, don't take it. But meileh, he says therefore it has to be b'afuah, before the afuah. Meileh, he says it had to be b'afuah. It proves to you till you know the sugya well. Let me guarantee you that by the end of the shiur, you'll understand clearly. What kind of business is this? I mean, is it a real kinyan? It's not a real kinyan. Was I makneh? I was a makneh. I was makneh it, but l'maaseh no one else can take it. It's not hefker; it's not real. This is beheima pshat. My animal is not allowed to work, and I'm metzuveh on his shevisa. The pshat is I'm not allowed to work through my beheima. If I'm mafkir it, it's not called I could work through my beheima. The pshat is my animal is not allowed to work. It's my animal. Like a mir lakum. How does a mir lakum? That the guy is doing my work. So if I don't want it, then it becomes not a mir lakum anymore. Same thing here too. If I make believe it's not my animal, it's not doing it. He's doing my work. It's my shevisa, it's my animal. It's not doing it. What is mafkir? What are you using it like? That's all. One second, what is mafkir? So let's wait, let's wait. You know what, let's wait. You see where I'm headed with this? Okay. So again, let's start. Let's see what we're coming to here. Let's get clear, halacha l'maaseh. I come to a beheima and I rent him a beheima. Come to a beheima and I rent him a beheima. Beheima, would you like a beheima? So the doggy starts to bark. I don't want to go to this beheima. The opposite. Okay, anyways, you hear? Someone once learned shevisas beheima is like a mir lakum. Anyways, my brother, my brother, my brother Avrum, you know he's a big leitz. My brother Avrum tied it to tell the guy it's not a mir lakum. Shevisas beheima. Anyways, my brother, you know my brother Avrum.

Started dinner with Rav Meir. All right, ... listen good. He didn't know there's a lot of lomdus in his joke. He didn't know that even of the Gemara in his joke, there's a lot of iyun in that joke. All right, ... listen good. I go to the guy and I tell him, listen, go take this beheima, rent it, borrow it, lend it, borrow it, check. Okay. Says the halacha, yeah, we have a problem that he might do work with it on Shabbos. I have to tell him tonight not to work on Shabbos, because then we don't trust him for it. I have to tell him give it back to me. What happens if he didn't give it back? On Shabbos, yeah, Friday I ring his phone the whole time, give it back. He doesn't answer the phone. Says the halacha, you're mafkir it. Could someone else take it? No, I was mafkir it. It's only l'gabei the issur. It's only to get away from the issur. So I asked Shabbos, what does that mean, I'm mafkir to get away from the issur? What are you talking about? Either I'm mafkir, I'm not mafkir. It's real or it's not real. Then I see in the Bach that the Bach also plays this game, yeah? Hefker, yeah. Hefker only l'gabei what? The issur. When it comes to schar Shabbos, it should become mutar now. It's hefker. It's also not mutar, yeah? Vaiter. It's not nigea l'gabei schar Shabbos, and therefore I have to do it b'hafla. Still, was I mafkir? I wasn't mafkir. The answer, he says, shemutah. It wasn't נגד חשש. It's only נגד the issur. It's not נגד חשש. So I ask, you want some pshat. So pashut you learn, because it's not l'chatchila. This thing doesn't work l'chatchila, give it to the mafkir. It's only b'diavad. Since you're stuck and the guy answering the phone, so the only way out is go be mafkir. Then I understand why l'chatchila b'diavad, meaning I didn't really need to be mafkir it. I'm just trying to be mafkir it to save myself from the issur. Okay, so I'm only doing it to save myself from the issur. Maybe, maybe it's not a real hefker. Gabei kinyanim and hilchos mamon, it's not a real hefker. Efsher. The only problem is, like Simcha pointed out, many shitos hold that you can do this even l'chatchila. Give it to him, be mafkir it. Give it to him, be mafkir it. So then if you give it, do l'chatchila, then I don't understand. So then could someone else be zoche with it, mai tana? So what's the pshat? I'm mafkir, I gave it to you. I'm serious. It's a serious business. What's the pshat in this machlokes? Okay, so let's continue. This is the kasha you have to answer. So let's see weiter, says the Bach. The מסתבר, he has another ta'ama. The מסתבר הוא, דהפקיר גמור היכי לאי פסחר. So he says an interesting vort that you wanted to say. If you really meant to hefker, then you wouldn't have took a schar. Very nice. It's a contradiction. ... That's the teretz. I mean, obviously not taking—you don't mean it serious, right? You know, me in suits, right? So I didn't. I told you, you remember the joke I told you with the Rebbe? There was once a Rebbe, a chassid came to him complaining about his son. And his son wakes up at two o'clock in the morning and he goes to the mikveh and he puts himself in the snow. Gantze maises, right? The Rebbe, my son became crazy. The Rebbe listened to the whole business. He says, I do the same thing. What do you mean? You can't come. So the father says, yeah, but he needs it serious. He takes it serious, you know. The pen—oh, I'm sorry. He doesn't mean it serious, yeah, because if he meant it serious, he wouldn't have took in Shabbos. He doesn't mean it serious. He talks. Yeah, the bachur is playing this down, כאילו the whole thing's a big joke. What's the joke? How does it work for shvisas beheima? Now, ואם נוטל שכר, הרי הוא שלו, ולא הוה הפקר, אם כן עובר על שתיים. Listen to the svara. ואם נוטל שכר, הרי הוא שלו, ולא הוה הפקר, אם כן עובר על שתיים, על שביתת בהמתו ועל שכר שבת. אבל לטרוח דנפשיה, אדעתא ד... אלא כדי להתיר לו שכר צריך להזכירו בפה. So therefore you're going to have to do bavla. Otherwise it's a tarte d'sasri. You can't use it to be matir the schar and then say it's shvisas beheima. Two things you're doing. אז יש שתי קושיות. The problem is, what's pshat in the Mechaber? What's pshat in the Mechaber? How does he use the same heter to be matir the—

Shabbos, and then turn around and come and say, says the Pri Megadim. What? I'm saying, you're using it for ... Why are you paying? Comes along the Pri Megadim, and he says, bhechrech, that even though Maran Beit Yosef didn't say bhavlah, he meant bhavlah. There's no way out, says the Pri Megadim. You saw the Pri Megadim inside? Says the Pri Megadim that even though Maran Beit Yosef doesn't say bhavlah, he had to have meant bhavlah, because he can't. He can't. It's a ... which means this bach here says the Pri Megadim is so right that there can't be anybody that argues on him. Zeh shteit in Pri Megadim. So I show you the Levush, right? I show you to look up the Levush, right? Oh, he goes further. The Pri Megadim, right, Mishbetzot Zahav. There's two of them. There's hei and ... Hei, he asks the kashya, and daled speaks out that ... if it's asur, it's asur even bhavlah. What? Comes along the Pri Megadim, and he says a chiddush that you can't take the schar Shabbos, and that's taka asur. What's the ... kashya? How can you take the schar Shabbos? It must be bhavlah, says the Pri Megadim, but the Mechaber doesn't say bhavlah. The teretz is, you're right, and the Chachamim, the Mechaber doesn't take the schar Shabbos. And not like the shita of the Mahalbach. They bring the shita of Mahalbach; it means different shita. In other words, like this: pashut pshat in the Mechaber is that it all becomes mutar. Says the Bach, so therefore it has to be what? Bavlah. Says the Pri Megadim, no. The kasha of the Bach is so strong that the mechaber had to have said bavlah, and the fact that he doesn't say bavlah, it's a siman that it's taka also to accept the Schar Shabbos. They don't accept the Schar Shabbos. Comes along the Levush here, and he says an interesting part. He says like this: ... af al pi shebehavlah. It's mashma from the Levush. The Levush, he says clearly. He says that it's not that; it's nirah. It's only a nirah. It's taka not a Schar Shabbos. It's only a nirah. And that's—it's asur, he said, no? And that's the pshat in the Bach. That's when the Bach discussed the tartei d'sasrei. He doesn't learn the tartei d'sasrei literally, that now it becomes asur, but rather now it becomes a nirah, because the tartei d'sasrei means it looks fishy, that's all it means. That's how he explains the tartei d'sasrei. Pashut, you learn the Bach, the tartei d'sasrei means, b'etzem it becomes Schar Shabbos. Says the Levush that not what; it's nirah. D'nirah yoter k'Schar Shabbos, af al pi shemafkirah, v'af al pi shebehavlah. So then you could come and say very good. Come and say that b'etzem it's not really Schar Shabbos; it's only a nirah, and they're arguing in the nirah. The machlokes becomes a machlokes in nirah. This is the—okay. And that's the sif katan hei that I showed you. The sif katan hei is, he says it's not a nirah; it's a real tartei d'sasrei. That's the Mishbetzos Zahav, and meileh he says therefore taka יהיה אסור. That's the machlokes. Okay. Yeah. I was like, let's say I made the tenai. If I made the tenai, I tell you to give it back to me before Shabbos, then it becomes aser, even if you're mafkir, even bavlo. Says the pirush, that's only because it's nira. So he can come and say, but here I come and I directly tell you not to do it, then it becomes what? Mutar. Mah she'ein kein, if you're worried that it's taka b'etzem aser, so it's not a nira anymore. So therefore my tenai don't help me anything. What does it help me? But that's what the nafkamina would be. Again, you understand the nafkamina? It was like this. The Mechaber says that what do you do? You do it without havlaah. It doesn't say anything about havlaah. Comes along the halacha, the Bach, and says it must be b'havlaah. Says the Pri Megadim, yeah, but he didn't say b'havlaah. He didn't say it. The dirah says, you're taka not taking schar Shabbos. And if you do want to take the schar Shabbos, then the pshat is technically to work with havlaah.

Says the Pri Megadim, the reason why the Mechaber didn't say bavlah is because he holds it doesn't even help with hafla. Doesn't even help with hafla. So what's the pshat? The pshat is because he learned that b'etzem it's aser. Once it becomes b'etzem aser, so there's no way out of it, even with hafla. So what's the shita of the Bach? The shita of the Bach is very poshut. Since it's only nireh k'schar Shabbos, so once I made it tenai, then the nireh falls off. That's the shakla v'tarya halacha l'maaseh. You got it? Yeah? You with me? Again, the Mechaber says without hafla. Is me'oir the Bach, it has to be with hafla, like the Tur. Why does it have to be with hafla? Because if it's not with hafla, then you have a problem of schar Shabbos. Yes. I l'maaseh the Mechaber doesn't say hafla, so either you come and learn that he holds you don't need hafla; he argues on the Bach. Says the Pri Megadim, that can't be, because the tartei d'sasri is a good kasha. The Bach is right. So what does the Mechaber mean? So you have to learn the Mechaber didn't say bavlah because he held bavlah wouldn't even help you. Bavlah wouldn't even help you. Why? Because side side, yeah, it's tartei d'sasri. Somebody holds it. You can't get away from the tartei d'sasri. It doesn't work. Bavlah is not going to take care of the tartei d'sasri. B'metzius, you can't take a heter and use it two ways, even with hafla. What's takke the shita that it does work? So you come and say, according to the Levush, that learns it's not a real schar Shabbos anyway, it's only a nira. So meileh, if I make a tenai mikodem, then I can. I took care of the nira. I tell you this: bring it back before Shabbos. It's not a nira. Listen, the guy is begging you to give it back before Shabbos. I don't want the whole business. So if I do it that way and I do it bavlah, then there's no problem. You see the chiluk? Yeah, simchah, you with me? But the hefker and the schar Shabbos, it's tartei d'sasri and therefore it can't be bavlah. Meaning, if you're taking schar Shabbos, then you're stira to your hefker. And if you're letting me use the behemah on Shabbos, then it can't work. It doesn't work together. Then what's takke pshat in the Bach and the other shitos? So you say very poshut. It's not really schar Shabbos. It's only a nireh k'schar Shabbos. Once you make a tenai mikodem that you didn't want the guy to use it, therefore it's not a nireh k'schar Shabbos anymore. People won't make a mistake for schar Shabbos. What's takke pshat?