web analytics
July 7, 2015 / 20 Tammuz, 5775
At a Glance
Judaism
Sponsored Post


Mountains Hanging On Hairs

You arrive home after shul on Friday night. All the dishes washed before Shabbat are locked in the dishwasher. You have no other eating utensils and you want to retrieve them for the Friday night meal. In order to take them out you have to unlock the door by turning the lever lock to the left. The action of the lever to unlock the door automatically turns off the panel indicator lights that advise you the dishwashing cycle is complete. So you cannot open the door without turning off the lights. What do you do?

Clearly, the act of retrieving the dishes from the dishwasher is, in itself, a permissible act on Shabbat. The problem is that it inevitably causes the melachah of switching off the indicator lights. This melachah is the inevitable and unintended result of retrieving the dishes, though it is of no use to its performer. An inevitable melachah that is of no use to its performer and that arises out of a permitted act is known in halachic terminology as psik reishe de lo neecha leh. We shall refer to it as the “inevitable, unwanted melachah.”

If one performed an inevitable, unwanted melachah, one is patur, which means exempt from any biblical liability. The question is whether one is allowed under rabbinical law to deliberately perform an inevitable, unwanted melachah such as, for example, turning the indicator lights off in order to retrieve the dishes.

The answer to this question depends on the classification of the inevitable, unwanted melachah and the existence or absence of any mitigating circumstances. If the inevitable, unwanted melachah is biblically prohibited, then according to the majority of halachic opinions one may not deliberately perform the permitted act that causes it. There is a minority opinion – that of the Aruch – that permits it, but the halacha does not adopt this minority opinion.

Accordingly, one may not, for example, wash one’s hands over a public lawn because even though washing one’s hands is permitted on Shabbat, it causes the inevitable, unwanted result of watering the grass. And watering the grass on Shabbat is classified under the biblical melachah of plowing and sowing.

Similarly, one may not open a door to the street on a windy day when the inevitable, unwanted result of the permitted act will be that lighted candles placed next to the door blow out.

What if the inevitable, unwanted melachah is not biblically prohibited but only rabbinically prohibited? Still, according to the majority of opinions, one may not deliberately perform the permitted act that causes the rabbinical melachah, except in a limited number of mitigating circumstances. Physical pain or discomfort or the performance of a mitzvah are examples of mitigating circumstances that might permit one to deliberately perform the permitted act that causes the inevitable, unwanted rabbinical melachah.

For example, trapping a bird inside one’s home is rabbinically prohibited. Yet if a wild bird flew into one’s house in winter, one would be allowed to close the windows to avoid the cold. This act is permitted even though it causes the inevitable, unwanted rabbinical melachah of trapping.

If the red berries on the hadas, the myrtle branch, are more numerous than the myrtle leaves, the hadas is invalid for arba minim. Yet if a friend of the hadas owner picks off the berries on Yom Tov for food, the owner of the hadas would be permitted to use it for the mitzvah of arba minim. Picking the berries in this way is permitted even though it causes the inevitable, unwanted melachah of fixing something for use – makeh bepatish – because it enables the performance of a mitzvah.

Is the inevitable, unwanted melachah of turning off the dishwasher indicator lights a biblical melachah or a rabbinical melachah? The biblical melachah of extinguishing fire was performed in the Sanctuary to produce glowing embers needed to smelt metal. Extinguishing fire for any other purpose not used in the Sanctuary is called a melachah she’eina tzericha legufa. Although biblically exempt from liability once performed, a melachah she’eina tzericha legufa is rabbinically prohibited and should not be deliberately performed. The majority of modern poskim agree that turning off an electric light involves the act of extinguishing fire and is therefore prohibited under the category of melachah she’eina tericah legufa. It is further accepted that the rabbis are less lenient with the melachah of extinguishing fire than with other rabbinical melachot.

What if turning off the indicator lights does not involve the melachah of extinguishing fire? In fact, the light of most indicators installed in dishwashers is produced by light-emitting diodes (LED) and not by heat. Turning off such indicators does not involve extinguishing fire. Rather, it involves the less stringent rabbinical melachah of hafsakatm molid (ending a creation) and as such can be deliberately performed under the extenuating circumstances described above. In these circumstances, opening the lock in an unusual manner, such as with one’s elbow (derech shinui) would render the melachah a double de’rabbanan. Of course it would be better to remember to leave the door open before Shabbat, or if you forgot, have a non-Jew or a small child open it on Shabbat.

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 “Mountains Hanging On Hairs”

Comments are closed.

Current Top Story
Russian Foreign Minister Sergei Lavrov.
Russia Steps Up in U.S.-led Nuclear Talks with Iran
Latest Judaism Stories
17th_of_Tammuz_(medium)_(english)

17th of Tammuz: Beginning 3 weeks of mourning for the destruction of the Holy Temple in Jerusalem.

Rabbi Avi Weiss

With Ruth, The Torah seems to be stating that children shouldn’t be punished for the sins of parents

Neihaus-070315

Without a foundation, one cannot hope to build a structure.

Torat-Hakehillah-logo-NEW

Why do we have a parsha in Sefer Shemos named after Yisro who was not only a former idolater, but actually served as a priest for Avodah Zarah!

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if no vessel is available? Additionally, may we dry our hands via an electric dryer?

Harry Koenigsberg
(Via E-Mail)

This Land Is ‘My’ Land
‘[If The Vow Was Imposed] In The Seventh Year…’
(Nedarim 42b)

The Shulchan Aruch in the very first siman states that one should rise in the morning like a lion, implying that simply rising form bed requires strength of a lion, in line with the Midrash.

Attempts to interpret the message of Hashem in the absence of divine prophecy ultimately may twist that message in unintended ways that can lead to calamitous events.

Suddenly, the pilot’s voice could be heard. He explained that this was a special day for those passengers on board who lived in Israel.

If the sick person is thrust into a situation where he is compelled to face his sickness head on, we who are not yet sick can encourage him by facing it with him.

All agree that Jews ARE different. How? Why? The Bible’s answer is surprising and profound.

What’s the nation of Israel’s purpose in the world? How we can bring God’s blessings into the world?

“Is there a difference between rescuing and other services?” asked Ploni.

To my dismay, I’ve seen that shidduch candidates with money become ALL desirable traits for marriage

Bil’am’s character is complex and nuanced; neither purely good nor purely evil.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-logo

If the sick person is thrust into a situation where he is compelled to face his sickness head on, we who are not yet sick can encourage him by facing it with him.

Grunfeld-Raphael-logo

Less clear, however, is whether the concept applies to the area of civil law such as the law of transfer of property.

Conversely, no part of the Land within the boundaries delineated in Numbers 34 may be relinquished for any purpose whatsoever.

Although it is true that the Final Redemption will be accelerated when all Jews repent and accept the rule of Torah, there is also another scenario for the Final Redemption.

Should just a few communities settle the Land of Israel? Should there be a mass emigration of all Jews worldwide to Israel?

Why did so many of our great sages from the Rambam to Rabbi Moshe Feinstein live outside Israel?

God and the divine origin of His Torah are facts even though we do not fully comprehend them.

In order to be free of the negative consequences of violating a shvu’ah or a neder, the shvu’ah or neder themselves must be annulled.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/mountains-hanging-on-hairs/2012/11/30/

Scan this QR code to visit this page online: