web analytics
November 28, 2014 / 6 Kislev, 5775
At a Glance
Judaism
Sponsored Post
IDC Herzliya Campus A Day on Campus

To mark IDC Herzliya’s 20th anniversary, we spent a day following Prof. Uriel Reichman, IDC’s founder and president, and Jonathan Davis, VP for External Relations, around its delightful campus.



Melachot And Intent

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.

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.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Melachot And Intent”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
IDF Chief Rabbi Rafi Peretz delivers lecture.
IDF Chief Rabbi: Nothing is Holy to Muslims on Temple Mount except Al Aqsa
Latest Judaism Stories
Parsha-Perspectives-NEW

A person who truly feels that everything is a blessing from G-d will count his blessings and realize just how much he has.

The Story of Jacob and Esau (2010) 11 x 19, bronze relief by Lynda Caspe. Courtesy Derfner Judaica Museum – Hebrew Home at Riverdale

Yaacov returns the stolen blessing of material wealth and physical might to Esav

Rapps-Rabbi-Joshua-logo

The Jew, from the perspective of the name Yaakov, is dependent on the non-Jewish world. This can be seen today in the relationship between the State of Israel and the United States

Lessons-Emunah-logo

Yet, ultimately, looking back, these “setbacks” turned out to be really for the patient’s best – for the good.

In the afternoon, he reached into his pocket to check for the money, but it was empty. “The $50 bill must have fallen out,” Alex exclaimed. “It’s got to be in one of the rooms I was just at.”

Although the conversion ceremony involves more than circumcision and immersion, these are the two essential requirements, without which the conversion is ineffective.

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.

M. Goldman
(Via E-mail)

Rashi in Shabbos 9b writes that the reason why the tefillah of Ma’ariv is a reshus is because it was instituted corresponding to the burning of the eimurim from the korbanos – which was performed at night.

It almost sounds as if Hashem is saying, “I have to keep Yaakov from getting too comfortable; otherwise he will forget Me. I can’t promise him sustenance because then he won’t need Me. He won’t write. He won’t call. He won’t love Me anymore.”

The Decree Of 1587
“Two Kabs Of Dinars Were Given…To King Yanai”
(Yevamos 61a)

Simply too many cases of prayers being answered to deny it makes a difference to our fate. It does.

Prayer is our language: Hakol kol Yaakov – the voice is the voice of Jacob – the voice of prayer.

Jacob cries, overcome by the knowledge that his great love for Rachel will end in unbearable pain.

There’s a perfect mirror between Jacob running away from Esav to when he reunites with his brother.

Yitzhak called you Esav and you answered him, then he called you Yaakov and you also answered him!”

More Articles from Raphael Grunfeld
Grunfeld-Raphael-NEW

Although the conversion ceremony involves more than circumcision and immersion, these are the two essential requirements, without which the conversion is ineffective.

Grunfeld-Raphael-logo

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?

The Torah lists twenty-one close relatives a man may not marry.

In the same way as a married woman is precluded from marrying another man without a get, so too is this widow prohibited from marrying another man without chalitzah.

Should we sit in the sukkah on a day that may be the eighth day when we are not commanded to sit in the sukkah at all?

We are told that after returning home from Ne’ilah and breaking our fast, the first activity we should engage in is building a sukkah.

In addition to Yom Kippur, there is at least one other instance when a person may fast on Shabbat – the case of a ta’anit chalom, in which a person wishes to fast to prevent an ominous dream from becoming reality.

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

Scan this QR code to visit this page online: