Tosafot on Gittin 8b: Amira L'Akum for Mitzvah and Shevut D'Shevut

This shiur focuses on a Tosafot in Masechta Gittin 8b that addresses the parameters of amira l'akum (instructing a non-Jew to perform labor) on Shabbos (שבת) for the sake of a mitzvah (מצוה). The discussion opens with two seemingly contradictory Gemaras regarding bris milah on Shabbos. One Gemara (גמרא) in Eruvin states that if water for the bris spills and needs to be warmed, one may not instruct a non-Jew to heat water (a melacha d'oraisa), but one may do so indirectly through the mother if she is within seven days of birth (when one may be mechallel Shabbos for her needs) by being marbeh b'shiur—preparing extra water. Another Gemara permits telling a non-Jew to carry water from a courtyard (an issur d'rabbanan) for the bris. Tosafot resolves the contradiction by establishing a fundamental principle: for the mitzvah of bris milah, one may instruct a non-Jew to perform an issur d'rabbanan, but not an issur d'oraisa. The shiur then explores why the Gemara regarding land acquisition in Eretz Yisrael permits amira l'akum even for writing a document (kesiva, a melacha d'oraisa). Tosafot explains this is due to the unique mitzvah of yishuv Eretz Yisrael—settling the land of Israel—which warrants special leniency. The class grapples with what distinguishes yishuv Eretz Yisrael from bris milah. One suggestion is that the land might be permanently lost if the transaction isn't completed immediately, whereas bris milah can be performed on subsequent days (albeit without the mitzvah of performing it on the eighth day). Another theory is that the entire process of land acquisition is itself the mitzvah, not merely a hechsher (preparation).