web analytics
January 25, 2015 / 5 Shevat, 5775
 
At a Glance
Judaism
Sponsored Post


The Purpose Of The Melachah

The link between the laws of Shabbat and the Mishkan not only defines the 39 Melachot but also determines the conditions for liability. One of these conditions is intent. The other is purpose.

The melachah must be performed for a similar purpose as the act performed in the Mishkan. Accordingly, one might, intentionally, perform the same act performed in the Mishkan and yet be exempt from biblical liability if it did not have a similar purpose.

For example, digging (a derivative of plowing), was performed in the Mishkan for the use of the hole itself, in which tent pegs were sunk. Therefore, one who digs for earth and has no use for the hole has not performed a melachah in the Torah sense of the term, a melachah de’oreita.

Similarly, extinguishing a fire, a primary or av melachah, was performed in the Mishkan to produce glowing embers needed to smelt metal. Therefore, one who turns off the light in order to sleep, or to save electricity, has not performed a melachah de’oreita. Such an act is known as a melachah she’eina tzericha l’gufa. Although biblically exempt from liability once performed, a melachah she’eina tzericha l’gufa is rabbinically prohibited, a melachah derabbanan and should not be performed in the first place.

What is the difference between a melachah de’oreita and melachah derabbanan if both are prohibited? The answer is that generally there is more room for leniency in melachot derabbanan. For example, melachot derabbanan may, mostly, be performed during twilight, bein hashmashot, on Erev Shabbat; they may, with certain restrictions, be performed by a Jew on Shabbat to alleviate substantial pain; they may, in certain situations, be performed by a Jew on Shabbat in order to avert a substantial financial loss; they may, in certain circumstances, be performed for a Jew on Shabbat by a non-Jew; and they are not themselves subject to protective legislation.

Because the melachah she’eina tzericha l’gufa is closest to a melachah de’oreita, in that it only lacks the element of common purpose and because there is a dispute with regard to its definition, the rabbis are less lenient with it than with other melachot derabbanan. Accordingly, it enjoys some but not all of the flexibility described. For example, a melachah she’eina tzericha l’gufa may not be performed bein hashmashot. Such a melachah may, however, for the most part be performed by a Jew on Shabbat for the sick, even the not dangerously sick; and in certain situations may be performed for a Jew on Shabbat by a non- Jew.

Based on these principles, Rabbi Shlomo Zalman Braun, in his work Sha’arim Metzuyanim B’Halacha, writes that sparks ignited by plugging in or out of electricity is akin to a melachah she’eina tzericha l’gufa, in that it is a psik reishe delo neecha lei, which means an inevitable melachah arising from a permitted act that is of no use to its performer.

Accordingly, to avoid substantial financial loss one may ask a non-Jew to reconnect a well-stocked freezer that became disconnected from its electricity on Shabbat. Similarly, one may ask a non-Jew to turn off an appliance which, if left running all through Shabbat, would overheat and burn out.

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 “The Purpose Of The Melachah”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Israel's Prime Minister Benjamin Netanyahu attends an event held at the International Conference Center in Jerusalem of the Taglit Birthright program, where Netanyahu was the guest speaker. January 14, 2015.
Netanyahu ‘Will Go Anywhere Invited’ to Prevent Iran from Achieving Nuclear Weapons
Latest Judaism Stories
Torah-Hakehillah-121914

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.

Parshat Bo

Before performing the 10th plague God makes a fundamental argument about the ultimate nature of justice.

Daf-Yomi-logo

Life Before The Printed Word
‘A Revi’is Of Blood’
(Yevamos 114a-b)

The-Shmuz

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.

M. Goldman
(Via E-mail)

“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.

I think that we have to follow the approach of the Tannaim and Amoraim. They followed the latest scientific developments of their time.

Three years of war and the loss of one-tenth of Britain’s men is not too great a price to pay.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-logo

A more difficult situation arises when there is no evidence placing the missing husband at the site of the death.

Grunfeld-Raphael-logo

The court cannot solely rely on death certificates issued by non-Jewish institutions without conducting its own investigation into the facts of the case.

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?

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

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/the-purpose-of-the-melachah/2012/11/22/

Scan this QR code to visit this page online: