Join Meir Panim’s campaign to “light up” Chanukah for families in need.
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.
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.
Comments are closed.
Leading by example must be visible, regarding where, when and how-like Nachshon entering the Red Sea
Rabbi Yaakov Nagen, a Ram at Yeshivat Otniel, notes that the verse is suggesting that retelling the story of the Exodus is so important that Hashem is performing ever-greater miracles specifically so that parents can tell their stories to future generations.
Before performing the 10th plague God makes a fundamental argument about the ultimate nature of justice.
How is it possible that the clothing was more valuable to them than gold or silver?
Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.
“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.
Property ownership is an extremely important and fundamental right and principle according to the Torah.
The tenderest description of the husband/wife relationship is “re’im v’ahuvim/loving, kind friends”
And if a person can take steps to perform the mitzvah, he should do so (even if he won’t be held accountable for not performing it due to circumstances beyond his control).
Suddenly, she turns to me and says, “B’emet, I need to thank you, you made me excited to come back to Israel.”
Pesach is called “zikaron,” a Biblical term used describing an object eliciting a certain memory
Recouping $ and assets from Germans and Swiss for their Holocaust actions is rooted in the Exodus
Pharaoh perverted symbols of life (the Nile and midwives) into agents of death.
A more difficult situation arises when there is no evidence placing the missing husband at the site of the death.
When the inability cannot be clearly attributed to either spouse, the halacha is the subject of debate among the Rishonim.
The child of a Jewish mother from a union with a non-Jewish father is not a mamzer.
Although the conversion ceremony involves more than circumcision and immersion, these are the two essential requirements, without which the conversion is ineffective.
If a man dies childless, the Torah commands the deceased’s brother to marry his brother’s widow in a ceremony known as yibum, or to perform a special form of divorce ceremony with her known as chalitzah.
What if, at the moment of the late brother’s death, the surviving brother cannot effect yibum because the widow is a niddah?
Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/melachot-and-intent/2012/11/14/
Scan this QR code to visit this page online: