Melechet Machshevet: Difference between revisions
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Melechet Machshevet refers to the concept that the [[Melachot]], the 39 principle categories of prohibited activities of Shabbat, are considered intentional and constructive. For example, if someone rubs his back on the wall and accidentally turns on the light, that isn't considered a full fledged melacha because it lacks the criteria of Melechet Machshevet, specifically, it wasn't intentional (see [[#Mitasek]] below). Another example is if a person tears open a container in a destructive fashion that isn't considered a full fledged melacha since it lacks the conditions of Melechet Machshevet, specifically, it wasn't constructive (see [[#Mekalkel]] below). Many of the examples of Melechet Machshevet are nonetheless rabbinically forbidden. The terms below define the criteria of Melechet Machshevet. | |||
==Melacha sheina tzaricha legufa== | ==Melacha sheina tzaricha legufa== | ||
There is a major dispute as to the definition of melacha sheina tzaricha legufa. Tosfot (94a s.v Rabbi)<ref name="ftn1"> See also Tosfos 94b s.v. aval </ref> explains that melacha sheina tzaricha legufa is a requirement that the purpose of each melacha be similar to the purpose for which it was done in the Mishkan. For example, if a person carries, he would be culpable if he carries in order to transport the object from one place to another. However, if he carries it just to remove it from a location that is melacha sheina tzaricha legufa. | There is a major dispute as to the definition of melacha sheina tzaricha legufa. Tosfot (94a s.v Rabbi)<ref name="ftn1"> See also Tosfos 94b s.v. aval </ref> explains that melacha sheina tzaricha legufa is a requirement that the purpose of each melacha be similar to the purpose for which it was done in the Mishkan. For example, if a person carries, he would be culpable if he carries in order to transport the object from one place to another. However, if he carries it just to remove it from a location that is melacha sheina tzaricha legufa. | ||
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When an action is melacha sheina tzaricha legufa, there is a dispute between Rabbi Yehuda and Rabbi Shimon whether this is a biblical prohibition or only rabbinic.<ref name="ftn5"> Mishna Shabbos 93b</ref> Although the Rambam holds like Rabbi Yehuda, the halacha follows Rabbi Shimon and assumes that it is only rabbinic.<ref name="ftn6"> Rambam Shabbos 1:7, S”A 334:27</ref> | When an action is melacha sheina tzaricha legufa, there is a dispute between Rabbi Yehuda and Rabbi Shimon whether this is a biblical prohibition or only rabbinic.<ref name="ftn5"> Mishna Shabbos 93b</ref> Although the Rambam holds like Rabbi Yehuda, the halacha follows Rabbi Shimon and assumes that it is only rabbinic.<ref name="ftn6"> Rambam Shabbos 1:7, S”A 334:27</ref> | ||
==Dvar | |||
==''Dvar Sheina Mitchaven''== | |||
Doing a permitted action in a way in which one doesn’t intend for a melacha to occur as a byproduct of one’s intended action is considered a dvar sheina mitchaven. Nonetheless, when it is inevitable that a melacha will take place as a result of one’s inherently permissible action, that action becomes forbidden (see Pesik Reisha). For example, dragging a light chair in a field where one’s intent is to transport the chair would be a dvar sheina mitchaven when the furrow is created as one did not intend to create a furrow.<ref name="ftn7"> Shabbos 22a, Shabbos 81b</ref> Tosfot (Shabbos 75a s.v. mitasek) writes that dvar sheina mitchaven is not unique to Shabbos; rather, it is a general exemption found in numerous laws throughout the Torah. | Doing a permitted action in a way in which one doesn’t intend for a melacha to occur as a byproduct of one’s intended action is considered a dvar sheina mitchaven. Nonetheless, when it is inevitable that a melacha will take place as a result of one’s inherently permissible action, that action becomes forbidden (see Pesik Reisha). For example, dragging a light chair in a field where one’s intent is to transport the chair would be a dvar sheina mitchaven when the furrow is created as one did not intend to create a furrow.<ref name="ftn7"> Shabbos 22a, Shabbos 81b</ref> Tosfot (Shabbos 75a s.v. mitasek) writes that dvar sheina mitchaven is not unique to Shabbos; rather, it is a general exemption found in numerous laws throughout the Torah. | ||
There is a dispute between Rabbi Yehuda and Rabbi Shimon whether performing an action that is a dvar sheina mitchaven is permitted or forbidden. Within the opinion that is forbidden, many assume that it is only a rabbinic prohibition on Shabbos.<ref name="ftn8"> Tosfos 41b s.v. meycham based on Meleches Machsheves, Tosfos Yoma 34b, Rashi 121b s.v. dilma</ref> The halacha is that a dvar sheina mitchaven is completely permitted.<ref name="ftn9"> Based on Rabba’s opinion, the halacha follows Rabbi Shimon that dvar sheina mitchaven is permitted. This is the opinion of all Rishonim and Achronim except for Rav Yacov Emden in Lechem Shamayim (Beitzah 2:10). </ref> | There is a dispute between Rabbi Yehuda and Rabbi Shimon whether performing an action that is a dvar sheina mitchaven is permitted or forbidden. Within the opinion that is forbidden, many assume that it is only a rabbinic prohibition on Shabbos.<ref name="ftn8"> Tosfos 41b s.v. meycham based on Meleches Machsheves, Tosfos Yoma 34b s.v. Hani, Rashi 121b s.v. dilma</ref> The halacha is that a dvar sheina mitchaven is completely permitted.<ref name="ftn9"> Based on Rabba’s opinion, the halacha follows Rabbi Shimon that dvar sheina mitchaven is permitted. This is the opinion of all Rishonim and Achronim except for [http://www.hebrewbooks.org/pdfpager.aspx?req=21198&st=&pgnum=127 Rav Yacov Emden in Lechem Shamayim (Beitzah 2:10)]. </ref> | ||
==Pesik Reisha== | ==Pesik Reisha== | ||
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A person who does an action that is mitasek is certainly not chayav a korban.<ref name="ftn13"> Keritut 19b | A person who does an action that is mitasek is certainly not chayav a korban.<ref name="ftn13"> Keritut 19b | ||
</ref> However, there is a dispute whether someone who is mitasek did not violate any prohibition<ref name="ftn14"> Mekor Chaim Siman | </ref> However, there is a dispute whether someone who is mitasek did not violate any prohibition<ref name="ftn14"> Mekor Chaim Siman 431</ref> or perhaps he has violated a biblical prohibition.<ref name="ftn15"> Rabbi Akiva Eiger (responsa 8)</ref> With regards to Shabbos specifically, everyone agrees that there is no biblical prohibition for doing an action in a mitasek manner. | ||
==Shinui== | ==Shinui== | ||
