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Using one’s creative powers seven days a week may lead one to believe in oneself as a Creator. This danger is averted in Judaism by the institution of Shabbat, during which one refrains from melachot. Melachot are defined by my father, Dayan Grunfeld, zt”l, in his book on the Sabbath, as acts that demonstrate one’s mastery of the world by means of the constructive exercise of one’s intelligence and skill. For just one day a week, we are asked to lay aside our skills and acknowledge the real Creator.
Essential, then, to the definition of melachah is the concept of a constructive act. Any act of pure destruction, however strenuous, is not a melachah. Thus, if one were to knock down a house simply to destroy it, one would not be performing a melachah in the Torah sense of the term (melachah de’oreita), though the act would be prohibited under rabbinical protective legislation (melachah de’rabbanan). If, however, one would perform the same act with the objective of building a new house in its place, one would have performed a melachah.
The classification of an act as a melachah de’rabbanan rather than de’oreita has many practical consequences. Generally, whenever there is a compelling reason, the Sages are more flexible in permitting a melachah de’rabbanan. Thus, for example, opening a can of food, a milk carton, or tearing open a tea bag when such containers are to be immediately discarded are not constructive acts and the rabbis permit it because they enhance the enjoyment of Shabbat.
If, however, when opening a can one intends to use it afterward as a container, the act becomes constructive and is thereby transformed into a melachah de’oreita which the rabbis have no leeway to permit. It is recommended that such containers be opened in such a way as to make it overtly clear that they cannot be used again. Some halachic authorities require one to open before Shabbat containers of food that will not spoil on Shabbat.
The definition of a constructive act includes not only physical but may also include spiritual ones as well. For example, tearing one’s clothes on Shabbat simply to destroy them would not be a melachah de’oreita. However, tearing them on Shabbat in a situation where the Torah would command one to do so were it a weekday, is a melachah de’oreita. Accordingly, when confronted with the tragic news of the death of a close relative on Shabbat, one may not tear one’s garment.
Because the opening of a letter on Shabbat involves the destructive act of tearing up and discarding the envelope, there is discussion among the Acharonim as to whether this is or is not permitted.
Why, it is argued, should this be different from the permitted act of opening a can of food on Shabbat? Indeed, the Pachad Yizchak permits the opening of a sealed envelope on Shabbat. The Chofetz Chaim, however, prohibits it other than in extenuating circumstances, in which cases he does permit a Jew to ask a non-Jew to do it for him on Shabbat. Reb Moshe Feinstein explains that whereas the opening of food cans is required for Shabbat itself, the opening of letters is not, and therefore remains prohibited as a melachah de’rabbanan.
About the Author: Raphael Grunfeld’s book, “Ner Eyal on Seder Moed” (distributed by Mesorah) is available at OU.org and your local Jewish bookstore. His new book, “Ner Eyal on Seder Nashim & Nezikin,” will be available shortly.


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I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.
In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.
Question: On Friday night the chazzan in many shuls ascends the bimah for Kabbalat Shabbos but goes to the amud starting for Barchu. Why?
Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?
Menachem
(Via E-Mail)
The Rema writes (Ohr Hachaim, 494:4), “It is customary to spread branches of trees in our synagogues and homes [on Shavuos] in order to commemorate that which the sages say [Rosh Hashanah 16a] that on Shavuos the world is judged concerning [how many] fruits the trees will produce [that year].”
Summer Eruvin
‘A Separate Contribution From Each’
(Eruvin 72b)
If a man suspects his wife of infidelity, he is to bring witnesses and warn her not to go into private quarters with the man in question. If she violates that warning, he is to bring her to the kohen, who will give her the “bitter waters” to drink. If she was falsely accused and was innocent, she will be blessed with children. If she was guilty, she will die a gruesome death.
A flash of red caught my eye, and I looked up and saw a cardinal perched on the picnic table on my deck. What a miracle, I marveled. You’re beautiful. Thanks, Hashem. And then my mind’s wheels began to roll, and it struck me that several miracle stories had come my way this week. The stories prodded me to think of and feel Hashem’s presence as a more tangible and vivid reality.
Over the years I’ve received letters from all over the world in which people share feelings and thoughts they’ve experienced upon becoming became Torah observant. Usually these letters arrive not long after the writers had heard one of my speeches. No matter where a particular speech took place, and no matter whether I spoke the language or had to use a translator, the magic always works. In reality, it’s not magic at all but a little voice in the soul – the “Pintele Yid,” that spark of G-d’s Word engraved on all our neshamahs. Here is one recent letter.
By the time these words are printed, there will be only a few more days left before Shavuos. We hope that up until that point, we will still have been counting the days of Sefiras Ha’Omer with a bracha, but we also know that too often, despite our best efforts, we drop out of counting with a bracha some time before the count is complete.
In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.
Question: Is there anything special that one should do on Yom Yerushalayim?
Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?
No Name
(Via E-Mail)
In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.
The purpose of the eruv is to enclose on all sides the area in which one wants to carry, so that it becomes a private domain, a reshut hayachid. If the area in question is a karmelit, a space that qualifies neither as a public domain nor as a private domain, gaps in the eruv structure may be bridged by means of a constructive or symbolic doorway called tzurat hapetach. A tzurat hapetach is made up of two posts, each called a lechi, and a crossbeam or overhead wire called a korah.
“On Shabbat, every person must remain in his residence,” said Moshe to the people, forbidding them to walk more than a certain distance beyond their desert encampment. This distance, which measures two thousand amot – about two thirds of a mile – is known as techum Shabbat. It is the same distance that stretched from the perimeters of the Levite cities to their outlying suburbs.
In the movie “The Paper Chase,” a Harvard student rips out a page of the law report so that his fellow student will be unable to read it and will come to the lecture unprepared. About 2,000 years earlier a student lay feverishly ill in the academy of Rabbi Akiva in Bnei Brak. So caught up were the other students in the competitiveness of their learning that they found no time to visit him or take care of him. As the student lay dying, Rabbi Akiva himself entered the sick room, fed him, made him comfortable and swept the dust from the floor. The sick student survived. His peers did not.
Football’s 49ers rarely drop the ball. But how many of us make it through 49 nights from the second night of Pesach all the way to Shavuot without losing count? Sometimes we never even make it to the first yard line. We are so busy preparing for second night Seder that we miss evening prayers in shul and forget to count Day One.
What is chametz? What are the various categories of chametz? Does the prohibition of chametz on Pesach apply also to non‑food products? Can medication containing chametz be taken on Pesach? Can vitamins produced with no Pesach supervision be used? What about liquid medicine such as cough mixture? Can non- supervised body soap or liquid detergent be used? What about toothpaste? May one use rubbing alcohol? May one eat egg matzah?
Taste is everything – ta’am ke’ikar. The taste of forbidden food is treated in halacha as the forbidden food itself and is equally forbidden. If the taste of forbidden food has been absorbed into a cooking vessel, such a vessel may not be used on Pesach unless it undergoes a process known as hechsher or hagalat keilim – popularly referred to as kashering.
“You must sanctify yourselves and be holy,” the Torah tells us, “for I, the Lord your God, am holy.” The service of God in our lives should simulate the service of God in the Temple. Just as the kohen, the priest, was required to enter God’s Temple in a state of taharah, spiritual cleanliness, we are required to enter God’s world in a state of taharah.
Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/melachah-creative-and-destructive-acts/2012/12/12/
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