Sosair: Difference between revisions
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==Breaking Not in Order to Fix== | ==Breaking Not in Order to Fix== | ||
# If one destroys something ''shelo al menas livnos'', he has not performed the melacha of ''sosair'' but has performed ''mekalkel''. Performing a destructive melacha is usually considered ''Mekalkel'', which is forbidden mi’derabanan, unless one does it in order to rebuild such as drilling a hole in a wall in order to insert a nail.<ref> Rambam Hilchot Shabbat 10:15 based on Gemara Shabbat 31b </ref> | # If one destroys something ''shelo al menas livnos'', he has not performed the melacha of ''sosair'' but has performed ''mekalkel''. Performing a destructive melacha is usually considered ''Mekalkel'', which is forbidden mi’derabanan, unless one does it in order to rebuild such as drilling a hole in a wall in order to insert a nail.<ref> Rambam Hilchot Shabbat 10:15 based on Gemara Shabbat 31b </ref> | ||
# Examples of | # Examples of biblical violations of Soter, which are constructive, include: | ||
##Demolishing a building to rebuild another on that spot<ref>Gemara Shabbat 31b, Rambam Shabbat 10:15, 39 Melachos v. 3 p. 1094</ref> | ##Demolishing a building to rebuild another on that spot<ref>Gemara Shabbat 31b, Rambam Shabbat 10:15, 39 Melachos v. 3 p. 1094</ref> | ||
##Gutting a building to refurbish it<ref>39 Melachos v. 3 p. 1094 based on Gemara Shabbat 31b</ref> | ##Gutting a building to refurbish it<ref>39 Melachos v. 3 p. 1094 based on Gemara Shabbat 31b</ref> | ||
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##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 | # 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== | ||
