Commentaire sur Le Lévitique 23:24

זכרון תרועה [THERE SHALL BE UNTO YOU] A זכרון OF SOUNDING THE CORNET — a mention (זכרון) of Biblical verses which speak of the Divine remembrance and Biblical verses which have reference to the blowing of the Shofar (a ram’s horn) on the occasion of important historical events (Sifra; Rosh Hashanah 32a) that I may recall to memory (זכרון) for you the offering (lit., the “Binding”) of Isaac in whose stead a ram was offered (cf. Rosh Hashanah 16a) having been caught by its horn (שופר‎).

IT SHALL BE UNTO YOU ‘SHABBATHON’ (A SOLEMN REST). This means that it is to be a day of rest, to repose thereon [from work]. And our Rabbis have said:³¹⁸Shabbath 24 b. “The word shabbathon (a solemn rest) amounts to a positive commandment.” Thus one who does work on a festival day transgresses both a negative commandment and a positive commandment, and one who rests thereon fulfills a positive commandment. And in their opinion [that of the Rabbis],³¹⁹Shebuoth 10 a. all the festivals have been likened one to another,³²⁰This is alluded to in the vecse, These are the appointed seasons of the Eternal (above, Verse 4), thus teaching that all festivals are alike with respect to a positive commandment [to rest thereon] and a negative commandment [not to do work], even though in the case of some festivals, [as the text continues], the positive commandment is not clearly set forth in Scripture. for the word shabbathon is not mentioned in connection with the Festival of Unleavened Bread, nor in connection with the Festival of Weeks.
Now in the Mechilta on the section of Hachodesh³²¹Exodus 12:2. I have seen the following text:³²²Mechilta, Pis’cha 9. “And ye shall observe this day.³²³Exodus 12:17. Why is this said? Has it not already been stated, no manner of work shall be done in them?³²⁴Ibid., Verse 16. From this I would know only about matters which are considered m’lachah [‘work’ on the Sabbath, and thus forbidden by the Torah]. How do I know about activities which are termed sh’vuth [as explained later on]? From the verse which states, and ye shall observe this day,³²³Exodus 12:17. which includes those activities which are termed sh’vuth. I might then think that on the intermediate days of the festival those activities known as sh’vuth are likewise forbidden, and the following reasoning would favor it etc;³²⁵“Since the expression holy convocation is stated both with reference to the first and seventh days of Passover (ibid., Verse 16), and the intermediate days of the festival are similarly termed [in the verse, These are the appointed seasons of the Eternal, even holy convocations — Verse 4 in the section before us], therefore just as activities called sh’vuth are forbidden on the first and seventh days, so are they also forbidden on the intermediate days of the festival.” — So it could be argued. Scripture therefore states [with reference to the Festival of Tabernacles], On the first day shall be a solemn rest”³²⁶Further, Verse 39. [but not on the following intermediate days of the festival].
Thus the Sages interpreted the word shabbathon as indicating a complete rest on that day, desisting even from those activities which are not of the chief labors or their derivatives. But this interpretation is not clear to me. For if you say that this Mechilta is a mere Scriptural support for a Rabbinic ordinance, what reason is there for the Rabbis to use this language [i.e., “How do I know about activities which are termed sh’vuth?” when instead they should have said, “How do I know about activities which are not regarded as m’lachah?”], for the term sh’vuth in the language of the Sages is always used with reference to activities forbidden by the Rabbis; and so how is it possible to say, “How do I know that activities which are forbidden on account of sh’vuth instituted by the Rabbis, are forbidden on the basis of a verse [in Scripture]!” The way in which such [Beraithoth make use of] Scriptural texts as a support for Rabbinical enactments, is by teaching [an interpretation in a verse] showing that they [such Rabbinical enactments] are based on the Torah, but they never say, “That activity which is forbidden by the Sages, from what verse in the Torah do we derive it?” Instead, this [Beraitha of the Mechilta] should have stated, “Activities which are not in the category of m’lachah (‘work’),³²⁷There are thirty-nine main classes of “work” (Shabbath 73 a). Their subspecies are also subject to the same regulations (Baba Kama 2 a). The intention here, then, is to find a source for such kinds of activity which are neither “work” nor any of its derivatives. Examples are mentioned further on in the text. whence do we know that they are forbidden? From the word shabbathon!”
It appears to me that this interpretation intends to state that we are commanded by law of the Torah to have rest on a festival day even from activities which are not in the category of m’lachah (“work”).³²⁷There are thirty-nine main classes of “work” (Shabbath 73 a). Their subspecies are also subject to the same regulations (Baba Kama 2 a). The intention here, then, is to find a source for such kinds of activity which are neither “work” nor any of its derivatives. Examples are mentioned further on in the text.
Thus we are not to be engaged the whole day in wearisome tasks: measuring out crops of the field, weighing fruits and gifts, filling the barrels with wine and clearing away the vessels, and moving stones from house to house and from place to place [although none of these activities is “work” in the strict sense of the term]. Similarly, if it be a city encompassed by a wall and its gates are locked at night, [and it is therefore according to law of the Torah treated as one domain, and the prohibition against taking out aught from one domain to another is inapplicable there], they would be loading heaps on asses, as also wine, grapes, and figs and all manner of burdens³²⁸Nehemiah 13:15. they would bring on a festival; and the market place would be full for all business transactions, the shops standing open and the shopkeepers giving credit,³²⁹Aboth 3:16. the money-changers sitting before their tables with the golden coins before them, and the workers would rise early to go to their work and hire themselves out for such works [as described above] just as on weekdays, and so on! And since all these matters do not entail m’lachah, they would be permissible on a festival day and even on the Sabbath itself! Therefore the Torah said that [the festival should be a day of] shabbathon (solemn rest), meaning that it should be a day of rest and ease, not a day of labor [and weariness]. This is a good and beautiful interpretation.³³⁰See Ramban in Exodus 12:16 (towards the end) where he refers to this interpretation that he intended yet to write, and see also there, p. 134, Note 213.
Afterwards I saw the other Mechilta of Rabbi Shimon ben Yochai³³¹The standard Mechilta being that of Rabbi Yishmael [a colleague of Rabbi Akiba], Ramban here refers to another Mechilta which he specifies by name: “the Mechilta of Rabbi Shimon ben Yochai.” Hence the epithet “the other Mechilta.” [See, however, in Vol. I, p. 603, where this epithet is not used by Ramban.] Rabbi Shimon was a pupil of Rabbi Akiba. The text quoted is found in that work on Exodus 12:16. where it is taught in another form: “I know only that it is forbidden [on a festival day to do] the kind of work for which, [if transgressed on the Sabbath through error], one must bring a sin-offering. How do I know that [it is forbidden to do] such works [on a festival day] for which one does not have to bring a sin-offering [if transgressed through error on the Sabbath], such as climbing a tree or riding on animals or swimming in the water, or slapping one’s thighs or clapping one’s hands? From the verse, no manner of work shall be done in them.³³²Exodus 12:16, stated with reference to the first and seventh days of Passover. I know only concerning acts of [one’s own] choice. How do I know concerning acts commanded [in the Torah], that we may not dedicate anything [to the Temple treasury], or make a vow of valuation, or devote anything [for Temple repairs, or for the priests], or set apart the heave-offering or the tithes? From the expression shabbathon,³³³In Verse 24 before us with reference to the New Year, and as explained above all festivals have been likened one to another. See Note 320. which means sh’vuth” (rest, abstention from ordinary occupation). In a similar way this [Beraitha] is taught in the Torath Kohanim with reference to the Day of Atonement.³³⁴Torath Kohanim, Acharei 7:9. Now although these Beraithoth³³⁵On the meaning of this term see above in Seder Vayikra, Note 65. differ in their language and in their interpretations, perhaps they all intend one common thing, namely, to find some Scriptural support for activities forbidden by the Rabbis. But nonetheless, whether the interpretation of the first Beraitha [mentioned above] be as we have said [i.e., that it is forbidden by Scriptural law to do on a festival day activities which are not strictly speaking “work,” but are wearisome labors], or whether all [these Beraithoth] intend only to find a Scriptural support for matters forbidden by the Rabbis, the meaning of the term shabbathon is as we have explained, namely, that we should have a day of repose from labor and toil. This is indeed a very proper and excellent interpretation.
Thus we have been prohibited from doing [any of the main classes of] “work” on the Sabbath by a negative commandment,³³⁶Exodus 20:10. and [for the intentional transgression thereof is prescribed] the punishment of excision [if the court has no knowledge of the transgression or there are no witnesses, but if there are witnesses who testify, the punishment] is death — but as for labors and toils [which are not strictly speaking “work”], we are commanded by means of this positive commandment;³³⁷For of the Sabbath it is likewise said shabbathon (here in Verse 3): Six days shall work be done, but on the seventh it is a Sabbath of ‘shabbathon’ (solemn rest). and on a festival day we are prohibited from doing “work” by a negative commandment, [the punishment for the intentional transgression thereof being whipping], and the doing of labors [which are not strictly speaking “work”] we are forbidden by means of a positive commandment. It is on this basis that the prophet [Isaiah] said, If thou turn away thy foot because of the Sabbath, from pursuing thy business on My holy day … not doing thy wonted ways, nor pursuing thy business, nor speaking thereof; [then shalt thou delight thyself in the Eternal].³³⁸Isaiah 58:13-14. Similarly, a Sabbath of ‘shabbathon’ (solemn rest) shall be for the Land³³⁹Further, 25:4. means that [the seventh year] shall be a Sabbath of rest, that one is not to plow nor cultivate the Land at all. It is because of this that the Sages have interpreted [in the first Beraitha mentioned above] that on the intermediate days of the festival those activities known as sh’vuth are not forbidden. But this is only according to the law of the Torah, for by Rabbinic enactment whatever one may not do oneself one is not permitted to say to a non-Jew to do, since even with reference to the Rabbinic prohibition against telling [a non-Jew to do work], the Sages were strict [in not permitting it on an intermediate day of the festival].³⁴⁰Moed Katan 12 a. Thus since the Rabbis forbade even a sh’vuth involving only speech, it is clear that they prohibited every sh’vuth involving action.

זכרון תרועה, a remembrance of the Royal t’ruah. When jubilating toward one’s king, one employs these blasts on the trumpets or shofars to demonstrate such regard for one’s king. Compare Psalms 81,2 הרניני לאלוקים עוזנו, הרנינו!, “stir up jubilation to G’d, our strength, raise a shout!” The expression זכרון, is an allusion to the fact that on this date G’d sits on the throne of Justice remembering the deeds of each one of His subjects and evaluating them as a judge. This is why the Talmud in Rosh Hashanah 8 calls on us to recite verse 4 in the above mentioned chapter of Psalms which reads תקעו בחודש שפר בכסא ליום חגנו, כי חוק לישראל הוא משפט לאלוקי יעקב, “blow the horn on the new moon on the day the moon is veiled, on our feast day, for it is a statute for Israel a ruling of the G’d of Yaakov.” On such days we have additional reason to rejoice in the fact that He is our King, who inclines toward leniency, and is likely to find us as possessing sufficient merit to pass this examination of the way we led our lives in the year just concluded. Isaiah expresses these sentiments in referring to G’d as כי ה' שופטנו, ה' מחוקקנו, ה' מלכנו, “for the Lord is our Judge, the Lord is our lawgiver, the Lord is our King” (Isaiah 33,22)