Shevitat Behemto: Difference between revisions
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==Forbidden uses of an animal== | ==Forbidden uses of an animal== | ||
#It's forbidden to ride an animal on Shabbat. <ref> The Mishna in Betzah 36b writes that the Rabbinical Gezerot of Shabbat also applies to Yom Tov and includes on the list the prohibition of riding an animal on Shabbat. The Gemara explains that the logic of the Gezerah is that the Rabbis were concerned that a person riding an animal might come to pull a branch off a tree to use as a whip. Bet Yosef 305:18 quotes the Rosh in name of the Yerushalmi that says that riding an animal on Shabbat is forbidden because of Shevitat Behemto. </ref> | #It's forbidden to ride an animal on Shabbat. <ref> The Mishna in Betzah 36b writes that the Rabbinical Gezerot of Shabbat also applies to [[Yom Tov]] and includes on the list the prohibition of riding an animal on Shabbat. The Gemara explains that the logic of the Gezerah is that the Rabbis were concerned that a person riding an animal might come to pull a branch off a tree to use as a whip. Bet Yosef 305:18 quotes the Rosh in name of the Yerushalmi that says that riding an animal on Shabbat is forbidden because of Shevitat Behemto. </ref> | ||
#Touching an animal is forbidden because of [[Muktzah]]. <ref> The Gemara in Shabbos 128b states that animals are muktzeh. Animals would be in the catogory of muktza machamas gufo because they have no use on shabbos. R' Moshe Feinstein (Iggros Moshe OC 4:16), R' Shlomo Zalman Auerbach (Shmiras Shabbos K'hilchasa 27 - see footnote 96), and R' Ovadia Yosef (Yabiah Omer 5:26) concur. see Mishna Berurah 308:126 </ref> | #Touching an animal is forbidden because of [[Muktzah]]. <ref> The Gemara in Shabbos 128b states that animals are muktzeh. Animals would be in the catogory of muktza machamas gufo because they have no use on shabbos. R' Moshe Feinstein (Iggros Moshe OC 4:16), R' Shlomo Zalman Auerbach (Shmiras Shabbos K'hilchasa 27 - see footnote 96), and R' Ovadia Yosef (Yabiah Omer 5:26) concur. see Mishna Berurah 308:126 </ref> | ||
==References== | ==References== | ||
<references/> | <references/> | ||
Revision as of 14:49, 7 February 2012
Letting one's animal rest
- Letting one's animal rest and not do the 39 Melachot on Shabbat is a Biblical commandment from the Pasuk לְמַעַן יָנוּחַ, שׁוֹרְךָ וַחֲמֹרֶךָ. The prohibition is called Shevitat Behemto. [1]
- Renting out one's work animal (such as a horse, mule, or donkey) to a non-Jew for Shabbat is forbidden because the non-Jew may do work with it. [2]
- It's permissible to give to a goy one's animal for Shabbat as long as one doesn't collect a rental fee. [3]
- It's even permissible to give the goy one's animal on Shabbat itself. [4]
Forbidden uses of an animal
- It's forbidden to ride an animal on Shabbat. [5]
- Touching an animal is forbidden because of Muktzah. [6]
References
- ↑ Shemot 23:12 is the source of Shevitat Behemto. Rambam Shabbat 20:1 brings it as halacha.
- ↑ S”A 246:3 rules, renting one’s large/work animal (horse, mule, or donkey) to a goy is definitely forbidden because the goy may do work with it on Shabbat.
- ↑ The dispute in the Rishonim is brought by the Bet Yosef 305:23 (a) The Hagot Mordechai (kedushin) writes that it’s permissible to give a small animal to a goy because it’s not usually used for work implying that a large animal would be forbidden because it may do work. The Darkei Moshe writes that the difference is that a large animal would do work which is Deorittah and a small animal would only be traveling more than techum which is Derabbanan (or even if you hold it is Deorittah it’s still not the same Deorittah because it doesn’t get Sekilah). (b) The Kolbo (end of book) in name of Rav Hai Goan writes that one can’t give any animal to a goy because the goy might bring the animal past the techum. (c) The Shibolei HaLeket quotes Rav Hai Goan who said that as long as you’re not renting it on Shabbat (which would clearly be forbidden as in S”A 246:3) and you don’t know that the goy is working it, it’s permitted. However if you see the goy doing work with it one should tell him not to work it. (d) S”A 305:23 rules like the Shibolei HaLeket in name of Rav Hai Goan permitting giving animals to a goy on Shabbat. (e)Even though it's certainly forbidden to rent a animal to a non-Jew, concerning selling/giving one’s animal to a goy there’s a dispute in the Rishonim whether it’s permissible. (f) The reason given by many Achronim (brought by Mishna Brurah 205:78) to differentiate is that the goy is fearful to work the animal if he is only borrowing or perhaps just watching the animal. Therefore since one doesn’t want the goy to work the animal and one doesn’t know about it, it’s permissible. However, renting an animal over Shabbat is forbidden because the goy is free to use the animal as he likes and so he will work it to get his money’s worth. (g) The differentiation of the Gra 305:23 (see Biur Halacha D”H VeAf) is just like by Shevitat Avdo the slave is allowed to do work for himself as long as you don’t command him to do work. Therefore, renting one’s animal is forbidden because you’re getting benefit out of it. However, giving the animal to a goy one doesn’t get any benefit if the animal does work and so it’s like it was doing work for itself and is permissible. Buir Halacha explains that if one sees the goy doing work with it one should protest because it looks like one is getting benefit from it. (h) One Nafka Minah is that of the Buir Halacha who explains that the language of S”A which is “if one sees the goy working the animal…” fits the explanation of the Gra precisely, however according to the other Achronim the language of one seeing the goy is inaccurate and the same would be true even if one didn’t see the goy but knew that such was true.
- ↑ Bear Heteiv 305:11 writes that implied from S”A is that it’s permissible to give or sell the animal to the goy even on Shabbat itself. However, the Sh”t Ram Alshaker 41 forbids giving it to a goy on Shabbat.
- ↑ The Mishna in Betzah 36b writes that the Rabbinical Gezerot of Shabbat also applies to Yom Tov and includes on the list the prohibition of riding an animal on Shabbat. The Gemara explains that the logic of the Gezerah is that the Rabbis were concerned that a person riding an animal might come to pull a branch off a tree to use as a whip. Bet Yosef 305:18 quotes the Rosh in name of the Yerushalmi that says that riding an animal on Shabbat is forbidden because of Shevitat Behemto.
- ↑ The Gemara in Shabbos 128b states that animals are muktzeh. Animals would be in the catogory of muktza machamas gufo because they have no use on shabbos. R' Moshe Feinstein (Iggros Moshe OC 4:16), R' Shlomo Zalman Auerbach (Shmiras Shabbos K'hilchasa 27 - see footnote 96), and R' Ovadia Yosef (Yabiah Omer 5:26) concur. see Mishna Berurah 308:126
