web analytics
April 20, 2014 / 20 Nisan, 5774
At a Glance
Judaism
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



Melachot And Intent

Share Button

The juxtaposition in the Torah of the laws of Shabbat and the Mishkan, the Sanctuary, not only serves to identify the 39 melachot prohibited on Shabbat but also determines the conditions that must exist before one can be held liable for performing a melachah. One of these conditions is intent.

Like the Mishkan, melachah requires “carefully planned work” – melechet machashevet. There are various states of mind that may lack the intent necessary to perform a melachah. In some cases, such a state of mind results in one being biblically exempt from the consequences of one’s act although the act remains rabbinically prohibited. In other cases, the lack of requisite intent means the act is permissible on Shabbat in the first place.

A person who is aware of the act he is performing but forgot that today is Shabbat or that the act is prohibited on Shabbat is called a shogeg. In the Temple era, the shogeg had to bring a sin offering, a chatat, to atone for the act. A person who intended to perform a permitted act, such as retrieving a knife out of a shrub, and in so doing unwittingly performed a different act which is a melachah, such as cutting the shrub when lifting out the knife, is called a mitasek. The mitasek, unlike the shogeg, had no intention of performing the melachah and is therefore entirely exempt.

An act that is permissible in itself on Shabbat but which may – possibly but not inevitably – cause an unintended melachah to occur is called a davar she’ein mitkaven. For example, dragging a garden chair across the lawn, an act permissible in itself on Shabbat, may cause grooves to form in the earth that, if performed intentionally, would constitute the melachah of plowing. Or simply walking on the grass, which is permissible on Shabbat, may result in the uprooting or tearing of grass, which, if performed intentionally, would constitute the melachah of reaping.

Whether or not a davar she’ein mitkaven is permitted constitutes a Tannaic dispute between Rabbi Shimon, who permits it in the first place, and Rabbi Yehuda, who prohibits it. The halacha adopts the more lenient view of Rabbi Shimon. A person cannot, however, claim davar she’ein mitkaven where the melachah was an inevitable result of the permitted act.

For example, if the chair is so heavy that it must form a groove in the earth, or if one washes one’s hands (in itself a permitted act) over one’s own lawn, causing its inevitable watering (constituting the melachah of planting), one cannot claim he did not intend the melachah. This is because the result is so inevitable as to impute to one the intent to perform the melachah in the first place. Such an inevitable result is called psik reishe.

Note, however, that if the inevitable melachah arising from the permitted act is of no use to its performer, such as where one washes one’s hands over a stranger’s lawn, the act is permitted in the first place and is called a psik reishe d’lo neecha lei. Such an act, though biblically permitted, would, according to most opinions, be rabbinically prohibited, unless certain extenuating circumstances exist. Such circumstances are the threat of severe financial loss or when the performance of a mitzvah is involved.

Based on the above principals, Rabbi Moshe Feinstein permits one to open the door of a thermostat-controlled lit oven on Shabbat, even though the resulting intake of air may cause the thermostat to kick in and turn up the flame. Rav Feinstein’s reasoning is that one’s intent is merely to open the oven door. This will not inevitably result in the thermostat kicking in, and it is, therefore not in the category of psik reishe but rather a davar she’ein mitkaven. As such, it is permitted in the first place.

Share Button

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.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

No Responses to “Melachot And Intent”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
BDS targets Zabar's; Carole Zabar promotes BDS proponents.
All in the Family: BDS Protests Zabars; Carole Zabar Promotes BDS
Latest Judaism Stories
Reiss-041814-King

Amazingly, each and every blade was green and moist as if it was just freshly cut.

PTI-041814

All the commentaries ask why Hashem focuses on the Exodus as opposed to saying, “I am Hashem who created the entire world.”

Leff-041814

Someone who focuses only on the bones of the Torah makes his bones dry and passionless.

The following is President Obama’s statement on Passover (April 14, 2014). As he has in the past, the President held an official Passover Seder at the White House. Michelle and I send our warmest greetings to all those celebrating Passover in the United States, in Israel, and around the world. On Tuesday, just as we […]

The tendency to rely on human beings rather than G-d has been our curse throughout the centuries.

“Who is wise? One who learns from each person” (Pirkei Avot 4:1)

In Judaism, to be without questions is a sign not of faith, but of lack of depth.

“I’ll try to help as we can,” said Mr. Goodman, “but we already made a special appeal this year. Let me see what other funds we have. I’ll be in touch with you in a day or two.”

Rashi is bothered by the expression Hashem used: “the Jews need only travel.”

Reckoning Time
‘Three Festivals, Even Out Of Order’
(Beizah 19b)

Two husbands were there to instruct us in Texas hold ‘em – and we needed them.

Question: Why do we start counting sefirat ha’omer in chutz la’aretz on the second night of Pesach when the omer in the times of the Beit Hamikdash was cut on Chol HaMoed?

M. Goldman
(Via E-Mail)

A few background principles regarding the prohibitions of chametz mixtures on Pesach may provide some shopping guidance.

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

She was followed by the shadows of the Six Million, by the ever so subtle awareness of their vanished presence.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-NEW

A few background principles regarding the prohibitions of chametz mixtures on Pesach may provide some shopping guidance.

Grunfeld-Raphael-NEW

The prohibition of chametz on Pesach means that chametz may not be eaten or enjoyed, may not be owned or possessed, and must be removed from one’s premises.

Whether a month is chaser or maleh makes a crucial difference to our Jewish lives. If, for example, one mistakenly believed the month of Elul was maleh when in fact it was chaser, one might find oneself eating on Yom Kippur and fasting on a weekday. If one mistakenly believed the month of Adar was maleh when in fact it was chaser, one might find oneself eating bread on Pesach.

The lulav symbolizes the backbone, the etrog, the heart, the hadas the eyes, and the arava the lips moving in the service of God.

Although the Torah only commands us to pick up the arba minim, the rabbis require that we wave them in all four directions of the compass as well as upward and downward.

Is a shomer aveidah considered a shomer chinam or a shomer sachar?

The equivalent of the “OU” kashrut certification in England is that of the London Beit Din. There is also a competing kashrut certification called Kedassia. Those who eat Kedassia do not eat Beit Din.

When we are on the move in life, exiled from place to place, we turn to God, our Partner, for the protection of His cloud. When we are given the luxury of settling down, God turns to us, His partner, for the protection of our walls.

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/melachot-and-intent/2012/11/14/

Scan this QR code to visit this page online: