<HTML>One topic in Hilkhot Shabbat which can be taught, interweaving halakhic
and aggadic elements is the question of beginning melakhot on erev Shabbat
which will continue into Shabbat. The dispute between Beit Hillel and Beit
Shammai regarding this topic (Mishnayot Shabbat 1:5 etc.) is explained by
Tosefta 1:21 (and parallels) as revolving around interpretation of
"sheshet yamim ta'avod v'asita KOL melakhtekha" - does one finish his
doing or finish the melakha within the six days. This in turn hinges on a
hashkafa question (typical of Beit Hillel and Beit Shammai) - how do
subjective and objective elements interact in producing an environment of
"resting" on Shabbat? Beit Hillel feel that subjective withdrawal from
work is sufficient (see Mekhilta to "v'asita KOL melakhtekha"), while Beit
Shammai require a work-free environment. This conceptual issue may be
traced through practical issues in gemara (watering gardens, water-mill -
Bavli 18a) and in modern halakhic practice (use of Shabbat clocks and what
may be utilized on them - e.g. television, dishwasher).
The 39 melakhot can also be rooted in conceptual issues - see Avraham
Goldberg'scommentary to Mishnayot Shabbat, , pp. 15-16 on structure of
list of 39. Yaakov Genack's articles on Melakhot Shabbat in Alon Shevut
(Yeshivat Har Etzion's Torah journal) about 3-4 years ago (I don't have
exact reference handy - if you have trouble locating, contact me off-list)
discuss the role of melekhet hamishkan in defining melakha on Shabbat, and
this also has a hashkafa angle, as explained well by Heschel (sanctuary of
space and of time).
Regarding the question of how "l'olam bahem ta'avodu" (eved kenaani) might
be approached, it should be noted that eved kenaani is in an anomalous
position of having been elevated to a higher spiritual plane against his
will. Hazal, who understood "l'olam bahem ta'avodu" as imperative,
presumably were perturbed by the prospect that freeing him would require
him to upgrade status to full-fledged Jew (ma'alin be-kodesh), while
slaves can be presumed not to be equal to such a demand (avda behefkera
niha lei - Gittin 13a). Radatz Hoffman approaches eved kenaani from a
similar perspective.
Avie Walfish</HTML>
