Sosair: Difference between revisions
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→Breaking Not in Order to Fix
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##Taking apart a water or appliance to repair another water or appliance<ref>39 Melachos v. 3 p. 1094</ref> | ##Taking apart a water or appliance to repair another water or appliance<ref>39 Melachos v. 3 p. 1094</ref> | ||
##Breaking something in a fit of rage to pacify his anger<ref>39 Melachos v. 3 p. 1094</ref> | ##Breaking something in a fit of rage to pacify his anger<ref>39 Melachos v. 3 p. 1094</ref> | ||
##Breaking something dangerous so that it doesn't endanger people<Ref>Menuchat Ahava 3:23:48</ref> | |||
# Examples of rabbinic violations of Soter, which are completely destructive, include: | # Examples of rabbinic violations of Soter, which are completely destructive, include: | ||
##Breaking a window of an abandoned building<ref>39 Melachos v. 3 p. 1095</ref> | ##Breaking a window of an abandoned building<ref>39 Melachos v. 3 p. 1095</ref> | ||
##Destroying a piece of furniture to throw it out<ref>39 Melachos v. 3 p. 1095</ref> | ##Destroying a piece of furniture to throw it out<ref>39 Melachos v. 3 p. 1095</ref> | ||
# There is a dispute if a person destroys something in order to fix it the same way it was before whether that is considered Biblical or rabbinic Soter. If it is only rabbinic then in a case of pain or an great loss it is permitted to ask a non-Jew to do it. For example, some poskim permit asking a non-Jew to remove a window or door in order to later put it back if it is a case of pain.<ref>Menuchat Ahava (v. 3 p. 168, 200 ch. 23 fnt. 57) writes that we hold like the opinion that [[Melacha Sheino Tzaricha Lgufo]] is exempt and therefore, we hold that Soter is exempt Biblically unless it is destruction in order to build something better than the original. His proof is Tosfot Shabbat 94a. He is aware that this isn't the opinion of the Rambam, nonetheless, he holds that we essentially follow the opinion of most rishonim that follow Rabbi Shimon with regards to [[Melacha Sheino Tzaricha Lgufo]]. He cites the Shulchan Aruch Harav 313:17 who points out this dispute but follows the Rambam.</ref> | # There is a dispute if a person destroys something in order to fix it the same way it was before whether that is considered Biblical or rabbinic Soter. The opinion that holds it is rabbinic holds that even if one has a need to remove it for the time being. If it is only rabbinic then in a case of pain or an great loss it is permitted to ask a non-Jew to do it. For example, some poskim permit asking a non-Jew to remove a window or door in order to later put it back if it is a case of pain.<ref>Menuchat Ahava (v. 3 p. 168, 200 ch. 23 fnt. 57, 23:48) writes that we hold like the opinion that [[Melacha Sheino Tzaricha Lgufo]] is exempt and therefore, we hold that Soter is exempt Biblically unless it is destruction in order to build something better than the original. His proof is Tosfot Shabbat 94a. He is aware that this isn't the opinion of the Rambam, nonetheless, he holds that we essentially follow the opinion of most rishonim that follow Rabbi Shimon with regards to [[Melacha Sheino Tzaricha Lgufo]]. He cites the Shulchan Aruch Harav 313:17 who points out this dispute but follows the Rambam.</ref> | ||
==Destroying or Breaking Utensils== | ==Destroying or Breaking Utensils== | ||
# Destroying a utensil is also forbidden despite the principle of ''ein stirah b'kelim'' that only permits destroying a utensil that was improperly refurbished and pasted together after breaking. For example, breaking a regular barrel is forbidden on Shabbat, but it is permitted to break a barrel which was already broken and the pieces were pasted together.<ref> Rashi (Shabbat 146a s.v. shover) posits that destroying a barrel for the purposes of attaining food that is inside is permitted for the sake of enjoying Shabbat. Tosfot (Shabbat 146a s.v. shover) dismissing this approach being that it a melacha of Soter to destroy a perfectly good barrel. The Ran (on Rif Shabbat 61b s.v. matnitin) defends Rashi's approach that he understood ''ein stirah b'kelim'' to permit destruction of any utensil that is small. The Bet Yosef 314:1 clarifies that according to the Ran anything less than 40 seah is considered a small kli. Tosfot Eruvin 34b s.v. v'amay and Rosh (Eruvin 5) agree with the Tosfot. Tur and Shulchan Aruch O.C. 314:1 codify the opinion of Tosfot as the halacha. Mishna Brurah 314:7 notes that the Gra held like Rashi that it isn't soter even to destroy a complete kli.</ref> | # Destroying a utensil is also forbidden despite the principle of ''ein stirah b'kelim'' that only permits destroying a utensil that was improperly refurbished and pasted together after breaking. For example, breaking a regular barrel is forbidden on Shabbat, but it is permitted to break a barrel which was already broken and the pieces were pasted together.<ref> Rashi (Shabbat 146a s.v. shover) posits that destroying a barrel for the purposes of attaining food that is inside is permitted for the sake of enjoying Shabbat. Tosfot (Shabbat 146a s.v. shover) dismissing this approach being that it a melacha of Soter to destroy a perfectly good barrel. The Ran (on Rif Shabbat 61b s.v. matnitin) defends Rashi's approach that he understood ''ein stirah b'kelim'' to permit destruction of any utensil that is small. The Bet Yosef 314:1 clarifies that according to the Ran anything less than 40 seah is considered a small kli. Tosfot Eruvin 34b s.v. v'amay and Rosh (Eruvin 5) agree with the Tosfot. Tur and Shulchan Aruch O.C. 314:1 codify the opinion of Tosfot as the halacha. Mishna Brurah 314:7 notes that the Gra held like Rashi that it isn't soter even to destroy a complete kli.</ref> | ||
