Choresh: Difference between revisions
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# It is permitted to wear high-heeled shoes on bare soil, yet, it is preferable to walk slowly on the soil. <ref> 39 Melachos (Rabbi Ribiat, vol 2, page 258), [http://www.dailyhalacha.com/Display.asp?PageIndex=12&ClipID=1176 Rabbi Eli Mansour on dailyhalacha.com] </ref> | # It is permitted to wear high-heeled shoes on bare soil, yet, it is preferable to walk slowly on the soil. <ref> 39 Melachos (Rabbi Ribiat, vol 2, page 258), [http://www.dailyhalacha.com/Display.asp?PageIndex=12&ClipID=1176 Rabbi Eli Mansour on dailyhalacha.com] </ref> | ||
==Description== | ==Description== | ||
<p class="indent">Most commentaries believe plowing was needed for growing plants, which were used as dyes for the Mishkan.<ref name="ftn39"> Rashi 73a s”v HaOfeh. For another opinion, see the introduction to Eglei Tal s”k 1.</ref> Commentaries dispute the scope of the Av Melacha. Some believe the Av Melacha is limited to plowing<ref name="ftn40"> Meiri 73b s”v HaChoresh </ref> while others believe any form of digging<ref name="ftn41"> Orchos Shabbos 28 note 68, based on Rashi Beitzah 23b s”v Mipnei Sh’Koveshes, argues stroller wheels do not dig but rather press dirt down and this is permitted. However, Orchos Shabbos argues pressing dirt down for the purpose of planting seeds is forbidden under Choresh. This distinction here between intending to plant and not intending to plant is not clear to me. </ref> constitutes the Av Melacha.<ref name="ftn42"> Rambam Hilchos Shabbos 7:2, Ritva 73b s”v HaChofer</ref> All agree that any form of landscaping improvement, with the intention to improve the ground<ref name="ftn43"> Shabbos 73b</ref>, violates a tolada.<ref name="ftn44"> Shabbos 103a (and see the Meiri there s”v HaMenachesh), Yerushalmi Shabbos 7:2, Rambam Hilchos Shabbos 8:1 and the | <p class="indent">Most commentaries believe plowing was needed for growing plants, which were used as dyes for the Mishkan.<ref name="ftn39"> Rashi 73a s”v HaOfeh. For another opinion, see the introduction to Eglei Tal s”k 1.</ref> Commentaries dispute the scope of the Av Melacha. Some believe the Av Melacha is limited to plowing<ref name="ftn40"> Meiri 73b s”v HaChoresh </ref> while others believe any form of digging<ref name="ftn41"> Orchos Shabbos 28 note 68, based on Rashi Beitzah 23b s”v Mipnei Sh’Koveshes, argues stroller wheels do not dig but rather press dirt down and this is permitted. However, Orchos Shabbos argues pressing dirt down for the purpose of planting seeds is forbidden under Choresh. This distinction here between intending to plant and not intending to plant is not clear to me. </ref> constitutes the Av Melacha.<ref name="ftn42"> Rambam Hilchos Shabbos 7:2, Ritva 73b s”v HaChofer</ref> All agree that any form of landscaping improvement, with the intention to improve the ground<ref name="ftn43"> Shabbos 73b</ref>, violates a tolada.<ref name="ftn44"> Shabbos 103a (and see the Meiri there s”v HaMenachesh), Yerushalmi Shabbos 7:2, Rambam Hilchos Shabbos 8:1 and the Mishna Brurah’s introduction to Orach Chaim 337. However, the Eglei Tal Choresh s”k 9 argues, based on Rashis 73b s”v Melacha Achas and s”v Mishum Choresh, that Rashi limits the melacha to only softening the ground for planting. See also Rashis 73b s”v Guma and s”v Patur Aleha.</ref> Examples include fertilizing<ref name="ftn45"> The Yerushalmi Shabbos 7:2 says m’zavel is an example of Choresh. Rabbenu Chananel on Shabbos 73b and the Chayei Adam Hilchos Shabbos 10:3 cite this Yerushalmi. While the Rambam does not explicitly mention a prohibition of fertilizing, the Nishmas Adam 10:1 argues the Rambam includes it when the Rambam Shabbos 8:1 writes “any act which improves the ground is a tolada of Choresh.” However, the Eglei Tal Zoreah s”k 22 in the end of the Hagah argues m’zavel is only rabbinically prohibited. </ref> and removing weeds.<ref name="ftn46"> The Rambam Shabbos 8:1 mentions m’nachesh and the Mishna Brurah cites this in his introduction to 337.</ref></p> | ||
<p class="indent"> Authorities disagree if the Melacha of Choresh requires making the ground fit for growing plants or improving any ground is also Choresh.<ref name="ftn47"> The Ohr Zarua 55, citing Pesachim 47b, argues the ground must be fit for growing plants. However, one could negate the citation of Pesachim by claiming it is only referring to Kilayim. The Pnei Yehoshua Shabbos 73b s”v Michdi and the | <p class="indent"> Authorities disagree if the Melacha of Choresh requires making the ground fit for growing plants or improving any ground is also Choresh.<ref name="ftn47"> The Ohr Zarua 55, citing Pesachim 47b, argues the ground must be fit for growing plants. However, one could negate the citation of Pesachim by claiming it is only referring to Kilayim. The Pnei Yehoshua Shabbos 73b s”v Michdi and the Mishna Brurah, in his introduction to 337, concur that the ground must be fit for growing plants. | ||
* The Yerushalmi Shabbos 7:2 says sweeping is included in Choresh. This approach must say either: 1) this is against the Bavli Shabbos 73b that digging a pit in one’s house is only a violation of boneh, 2) sweeping is only a rabbinic prohibition, 3) the Yerushalmi discusses a case where one sweeps outside, or 4) the Yerushalmi discusses a case where the dirt floor is fit for growing plants and the Bavli discusses a case where the dirt floor is not fit for growing plants. | * The Yerushalmi Shabbos 7:2 says sweeping is included in Choresh. This approach must say either: 1) this is against the Bavli Shabbos 73b that digging a pit in one’s house is only a violation of boneh, 2) sweeping is only a rabbinic prohibition, 3) the Yerushalmi discusses a case where one sweeps outside, or 4) the Yerushalmi discusses a case where the dirt floor is fit for growing plants and the Bavli discusses a case where the dirt floor is not fit for growing plants. | ||
* At first glance, Tosafos Shabbos 39a s”v Mipnei, disagrees with this approach above. However, the Maharam s”v B’emtza Dibburo V’od argues that Tosafos is only saying that this is a rabbinic prohibition. It is thus possible Tosafos agrees on a Torah level that the ground must be able to grow plants.</ref> Similarly, a dispute exists if improving the ground for non-agricultural purposes violates Choresh.<ref name="ftn48"> The Meiri, commenting on the Mishnah 73a and the Pnei Yehoshua Shabbos 73b s”v Michdi argue Choresh must be for agricultural purposes. The Shita LaRan, Shabbos s”v Haysa appears to disagree. This position of the Shita LaRan may be supported by the Yerushalmi mentioned in note 9 which includes sweeping in Choresh. However, the possible answers mentioned in note 9 are relevant here as well. | * At first glance, Tosafos Shabbos 39a s”v Mipnei, disagrees with this approach above. However, the Maharam s”v B’emtza Dibburo V’od argues that Tosafos is only saying that this is a rabbinic prohibition. It is thus possible Tosafos agrees on a Torah level that the ground must be able to grow plants.</ref> Similarly, a dispute exists if improving the ground for non-agricultural purposes violates Choresh.<ref name="ftn48"> The Meiri, commenting on the Mishnah 73a and the Pnei Yehoshua Shabbos 73b s”v Michdi argue Choresh must be for agricultural purposes. The Shita LaRan, Shabbos s”v Haysa appears to disagree. This position of the Shita LaRan may be supported by the Yerushalmi mentioned in note 9 which includes sweeping in Choresh. However, the possible answers mentioned in note 9 are relevant here as well. | ||
