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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== 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== | ||
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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== | ||
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==Grama== | ==Grama== | ||
One who performs a melacha indirectly isn’t culpable and many Rishonim assume that it is totally permitted.<ref name="ftn24"> Gemara Shabbos 120b, Tosfos Beitzah 22b s.v. vehamistapek, Rama 334:22</ref> There is a dispute as to what is considered indirectly in order to exempt one from melacha. Some say that any action which will cause a melacha to occur at a later point is considered grama.<ref name="ftn25"> See Yabia Omer 10:26, Shemirat Shabbos Kehilchata (Introduction 1:26)</ref> Others explain that an action is only considered grama if it is disconnected physically and temporally from the process that eventually causes the melacha to occur.<ref name="ftn26"> B’ikvei HaTzoan Siman 7 explaining the opinion of Rav Soloveitchik</ref> | One who performs a melacha indirectly isn’t culpable and many Rishonim assume that it is totally permitted.<ref name="ftn24"> Gemara Shabbos 120b, Tosfos Beitzah 22b s.v. vehamistapek, Rama 334:22</ref> There is a dispute as to what is considered indirectly in order to exempt one from melacha. Some say that any action which will cause a melacha to occur at a later point is considered grama.<ref name="ftn25"> See Yabia Omer 10:26, Shemirat Shabbos Kehilchata (Introduction 1:26)</ref> Others explain that an action is only considered grama if it is disconnected physically and temporally from the process that eventually causes the melacha to occur.<ref name="ftn26"> B’ikvei HaTzoan Siman 7 explaining the opinion of Rav Soloveitchik</ref> | ||
==Zilzul Shabbat== | |||
''Zilzul Shabbat'': The Gemara Sanhedrin 46a describes a case in which the supreme court in Yerushalayim condemned a person who rode a horse on Shabbat. Even though technically, riding a horse on Shabbat is only a rabbinic prohibition, it is considered a serious infraction upon the sanctity of Shabbat.<ref>Rambam (Sanhedrin 24:4) codifies this.</ref> | |||
#For example, it is forbidden to watch television on Shabbat.<ref>See [[Electricity_on_Shabbat#Communication on Shabbat]]</ref> | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
