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Melechet Machshevet: Difference between revisions
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==Pesik Reisha== If a person does a permitted action that has an inevitable unintended result that is forbidden, it is considered a pesik reisha. Although Abaye originally believed that it is was permitted in accordance with Rabbi Shimon, later he agreed with Rava that it forbidden.<ref name="ftn10"> Shabbos 133a</ref> The halacha follows Abaye and Rava. Nonetheless, there is a dispute amongst the Rishonim whether a Psik Reisha is forbidden on a biblical or rabbinical level.<ref name="ftn11"> Rambam (Shabbos 1:6) considers it a biblical violation of Shabbos. Tosfos (Shabbos 41b s.v. meycham) seems to agree. Shitah Mikubeset (Ketubot 5b s.v. behahiy), however, holds that it is only a rabbinic prohibition because of melechet machshevet.</ref> | ==Pesik Reisha== | ||
If a person does a permitted action that has an inevitable unintended result that is forbidden, it is considered a pesik reisha. Although Abaye originally believed that it is was permitted in accordance with Rabbi Shimon, later he agreed with Rava that it forbidden.<ref name="ftn10"> Shabbos 133a</ref> The halacha follows Abaye and Rava. Nonetheless, there is a dispute amongst the Rishonim whether a Psik Reisha is forbidden on a biblical or rabbinical level.<ref name="ftn11"> Rambam (Shabbos 1:6) considers it a biblical violation of Shabbos. Tosfos (Shabbos 41b s.v. meycham) seems to agree. Shitah Mikubeset (Ketubot 5b s.v. behahiy), however, holds that it is only a rabbinic prohibition because of melechet machshevet.</ref> | |||
Of noteworthy mention is the opinion of the Aruch (s.v. svar n. 5), who holds that a pesik reisha is permitted if it done in a way that doesn’t benefit the one performing the action. Some<ref name="ftn12"> Kovetz Shiurim Ketubos no. 18</ref> have explained that his opinion is based on the understanding that pesik reisha is forbidden because it is as though one actually intended for the forbidden result to occur, being that it was inevitable and foreseeable. However, if one doesn’t benefit from the forbidden result, even if it is inevitable, clearly it is unintended since one doesn’t benefit. On the other hand, Tosfot (Shabbos 103a s.v. lo) argues that pesik reisha is forbidden under all circumstances. According to Tosfot, perhaps pesik reisha is forbidden because the forbidden result is considered included in one’s original permitted action since it is inevitable. That being the case, even if one doesn’t benefit, the forbidden action is considered included in one’s permitted act. | Of noteworthy mention is the opinion of the Aruch (s.v. svar n. 5), who holds that a pesik reisha is permitted if it done in a way that doesn’t benefit the one performing the action. Some<ref name="ftn12"> Kovetz Shiurim Ketubos no. 18</ref> have explained that his opinion is based on the understanding that pesik reisha is forbidden because it is as though one actually intended for the forbidden result to occur, being that it was inevitable and foreseeable. However, if one doesn’t benefit from the forbidden result, even if it is inevitable, clearly it is unintended since one doesn’t benefit. On the other hand, Tosfot (Shabbos 103a s.v. lo) argues that pesik reisha is forbidden under all circumstances. According to Tosfot, perhaps pesik reisha is forbidden because the forbidden result is considered included in one’s original permitted action since it is inevitable. That being the case, even if one doesn’t benefit, the forbidden action is considered included in one’s permitted act. | ||
==Mitasek== | ==Mitasek== | ||
