web analytics
April 28, 2015 / 9 Iyar, 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.

Current Top Story
Israeli rescue volunteers confer with Chabad emissary in Kathmandu, Rabbi Chezki Lifshitz.
Power Blackouts, Supply Shortages Hampering Rescue Efforts in Nepal
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

In her diary, Anne Frank wrote words that provided hope for a humanity faced with suffering.

Leff-042415

The Arizal taught this same approach, making the point that the Torah would never mention wicked people and their sins if there was not great depth involved from which we are to learn from.

Staum-042415

Humility is not achieved when all is well and life is peachy but rather when times are trying and challenging.

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.

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

He feared the people would have a change of heart and support Rechavam.

Ramifications Of A Printers Error
‘The Note Holder’s Burden of Proof’
(Kesubos 83b)

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)

In this case one could reason that by applying halach achar harov we could permit the forbidden bird as well.

“What a way to spend a Sunday afternoon,” my husband remarked. “Well, baruch Hashem we are safe, there was no accident, and I’m sure there is a good reason for everything that happened to us,” I mused.

The answer to this question is based on one of the greatest shortcomings of man – self-limiting beliefs.

Myth that niddah=dirty stopped many women from accepting laws of family purity and must be shattered

In every generation is the challenge to purge the culture of our exile from our minds and our hearts

Rabbi Fohrman connects the metzora purification process with the korban pesach.

The day after Israel was declared a State, everyone recited Hallel and people danced in the streets.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-logo

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.

Grunfeld-Raphael-logo

The omer sacrifice of loose barley flour was more fitting for animal consumption than human consumption and symbolizes the depths to which the Jewish slaves had sunk.

In most communities the rabbi will perform the eruv ceremony on Erev Yom Tov for all community members.

Are you kidding? You know the non‑Jew is not going to consume your chametz. He is not really paying you for it; neither is he taking possession of it.

First, the punishment for eating chametz on Pesach is karet, premature death at the Hand of God.

This process, which is the most powerful form of kashering, is known as libun.

Hapeh is based on the fact that the person who qualifies the statement is the sole source of the unqualified statement and the court has therefore no choice but to believe her.

Moreover, even if the perpetrator of the capital offense is never actually executed, such as when the fatal act was unintentional, Kam Lei applies and the judge cannot award damages.

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: