Meir Panim’s Tiberias Free Restaurant not only provides warm meals, but the opportunity to socialize as well.
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.
No tweets found.
According to the Sefer Yetzirah, each month is associated with a letter of the aleph-beis. Teves was formed by means of the letter ayin, which has a numerical value of seventy – a number that figures prominently in Judaism.
Having come to the conclusion that nobody was more qualified than Yosef to lead Egypt in anticipation of and during the approaching famine, Pharaoh appointed him prime minister. This appointment made Yosef the second most powerful man in Egypt.
One of the ancillary axioms of cornflake fights is that they can never be contained between just two warring parties.
When your parents come to visit, do you rush to the door and welcome them with a loving heart?
Joseph may have known ancient Egyptian traditions about seven-year famines.
Mr. Weiner walked over to the garbage can and pulled it out from under the board. The board fell to the ground with a thud and split.
“Serves him right!” said Mr. Weiner. “I’ve warned him a hundred times not to take my things without permission!”
Question: I am contemplating traveling to Israel. My flight will take place during Chanukah, which means that I may miss one night’s candle lighting. What are my options?
Of Kings And Scholars
‘He Forgave The Honor Due Him’
The Bach, commenting on Tur Shulchan Aruch, explains that the decrees of the Yivanim against the Jewish people occurred because the Jewish people became “lax in their service.”
In this week’s parshah, Yosef is the ruler of Mitzrayim and his brothers come to purchase food from him, not realizing with whom they were dealing.
Patience seems to be in such short supply these days, yet it can make a world of difference. This is particularly so in certain kinds of stressful situations whereby we think we only have time to act in a knee-jerk way instead of acting thoughtfully.
If your home fits the chaotic description but you’d love to change it to the calm one maybe you should think about joining the ever growing Chatzos Movement – a group of ladies whose goal is to have all the main preparations for Shabbos over by chatzos, the middle of the day on Friday.
Of all the “what were they thinking” stories we have in Tanach, the story of Yosef definitely takes the cake. He knows his brothers hate him and should not be messed with. And yet he begs, “Please hear my dreams, in which you all bow down to me.”
Even Moshe Rabbeinu, who spoke with God one on One, was not allowed to see Him during his lifetime. “You cannot see my face, for no man shall see me and live.” Ultimately, we shall all see God one on One and face not just Him but also ourselves and the lives we led.
Continuing with our examination of Pesachim as per the Daf Yomi cycle, the Seder commences with Kiddush recited over the first cup of wine. Whereas Kiddush may be recited before nightfall on Shabbat, it must be recited after nightfall on Seder night. Unlike Shabbat and Yom Tov, on Seder night there is a requirement that each participant drink from his own cup.
There are lots of back seat drivers at the Seder. Your kezayit (portion) of matzah is not big enough, they chide. Red wine only; shmurah matzot or nothing; don’t start the Seder before nightfall; must finish the meal before midnight; don’t drink wine between the four cups; the Seder plate set in the wrong order. This article is intended as a defensible guide for the brave volunteer who leads the Seder (the ba’al haseder).
It’s 12:30 on a Yom Tov, Monday morning. You are about to leave the synagogue for the third day in a row. As you look around, you notice, even as you try to ignore it, a certain wilting of the spirit. A belabored pace. How good you felt on Friday night, with the onset of Shabbat. An effortless serenity set in then.
Prayer is always an avenue to God. But in the month of Elul, the last month of the Jewish year, and during the ten days between Rosh Hashanah and Yom Kippur, God lends a particularly sympathetic ear.
Taste is everything. If the taste of chametz has been absorbed into a cooking vessel, such a vessel may not be used on Pesach unless it undergoes koshering, the halachically prescribed way of expelling the flavor of forbidden food such as non-kosher foods, meat and milk mixtures or chametz on Pesach from utensils and restoring them for use.
We popularly refer to the eight-day period, from the fifteenth through the twenty second of Nissan, as the festival of Pesach. The Torah, however, calls this period Chag HaMatzot, during which time we eat matzot and abstain from eating chametz.
Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/melachot-and-intent/2012/11/14/
Scan this QR code to visit this page online: