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Benefiting from a Violation of Shabbat: Difference between revisions
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Benefiting from a Violation of Shabbat (view source)
Revision as of 21:02, 17 December 2023
, 17 December 2023→Something that is a Dispute
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==Something that is a Dispute== | ==Something that is a Dispute== | ||
# One may benefit from his actions of a Jew who does something which is a dispute whether it is permitted | # One may benefit from his actions of a Jew who does something which is a dispute whether it is permitted on Shabbat.<ref>Mishna Brurah 318:2, Leviat Chen n. 43. Rav Ovadia Yosef in Meor Lyisrael Shabbat 38a asks why we're not strict based on the principle that dvar sheyesh lo matirin is forbidden whenever there is a safek derabbanan. He answers that the Pri Chadash 497:3 writes that we're only strict about a doubt and not if there's dispute in the poskim. Also, he cited the Mordechai beitzah ch. 3 that if there's no chazaka of isur we can be lenient about a doubt. Lastly he cited Zayit Ranan 2:5 who said that there's no dvar sheyesh lo matirin for the penalty of maaseh Shabbat which isn't as serious a regular rabbinic prohibition. Rav Elyashiv (Kovetz Teshuvot 2:24) quotes this Zayit Ranan as well approvingly. Orchot Shabbos v. 3 p. 26 quotes both of Rav Ovadia's answers. Halacha Brurah (318 p. 56) challenges this zayit ranan since it is against the poskim in Rama OC 318:9, YD 102:4, and Mishna Brurah 318:5 who apply dvar sheyesh lo matirin to maaseh Shabbat. He answers that Zayit Ranan could distinguish between a mixture and a safek if the melacha ever happened. </ref> | ||
# If there is a doubt if a forbidden melacha occurred, there is a dispute if he's allowed to benefit from it.<ref>Safek maaseh Shabbos depends on whether maaseh Shabbos is considered a dvar sheyesh lo matirin. Rav Elyashiv (Kovetz Teshuvot 2:24) holds like Zayit Raanan 2:5 who holds that it isn't a dvar sheyesh lo matirin since it is only a penalty and not a formal gezera (decree). However, others disagree with this approach and consider maaseh Shabbos to be like dvar sheyesh lo matirin (see Mishna Brurah 318:5). Orchot Shabbat v. 3 p. 26 quotes two opinions about this question. Chut Shani (Shabbat v. 2 p. 40) is lenient like Rav Elyashiv. </ref> | |||
#If a person mistakenly heated up food on a blech without the conditions of hachzara, such as if they took food from the refrigerator Shabbat morning and put it on the blech, the food is permitted since it is a dispute if that's permitted initially.<ref>Orchot Shabbat v. 3 p. 48 25:52:4, Torat Dovid 3:295</ref> | #If a person mistakenly heated up food on a blech without the conditions of hachzara, such as if they took food from the refrigerator Shabbat morning and put it on the blech, the food is permitted since it is a dispute if that's permitted initially.<ref>Orchot Shabbat v. 3 p. 48 25:52:4, Torat Dovid 3:295</ref> | ||
==Reheating Food== | ==Reheating Food== | ||
