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Weekly Shabbos Halacha Series
Halachos Series on Hilchos Shabbos

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Published by
Pirchei Shoshanim

A Project of
The Shema Yisrael Torah Network

Written by

Rabbi Dovid
Ostroff, shlita

 

These Halachos were shown by Rabbi Ostroff to
HaGaon HaRav Moshe Sternbuch, shlita

 

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Questions for the Week of Parshas Va'eschanan

 

Please summarize the main points of last shiur?

In the previous shiur we learned the rules that apply when one violates an issur doraisso unintentionally.

The main points to remember are that the Shulchan Aruch HaRav paskens according to R Yehuda who holds that nobody may benefit from the melacha until after Shabbos. The Vilna Gaon paskens according to Tosefos who hold that everyone may benefit from the melacha on Shabbos.

The Mishna Berura arbitrates saying that when necessary one may be lenient and follow the Vilna Gaon. We suggested though, that one must ask a rav as to define what necessary is.

Do the same rules apply when violating an issur drabanan?

The Biur Halacha [1] cites the Pri Megadim who learns that drabanan shares a similar fate as a doraisso and argues on his psak.

He continues with the Vilna Gaon who learns that regarding a drabanan, even R Yehuda rules that the perpetrator may benefit from his handiwork on Shabbos and he supports this with the Chayei Adam.

Final word is that if one unintentionally violates an issur drabanan, one may benefit from the issur on Shabbos.

Can you provide some examples?

As usual, the examples are intended to give an idea how a rov would pasken but are not intended to be a psak. In all instances one must seek halachic guidance.

v     Food was carried through a carmelis [2] and brought to shul. The people who carried the food thought that the eiruv was intact and upon arrival learned that it was broken. An issur drabanan has been violated, albeit unintentionally, with the result that the food may be eaten.

v     This ones tricky: pouring boiling water from a water urn directly onto tealeaves in a teabag is an issur doraisso of bishul. Placing a teabag into a kli sheini [3] might involve a doraisso being that tealeaves are kalei habishul (items that cook easily) and as such one cannot be lenient. You can argue and say that a cup of tea is necessary and rely on the Vilna Gaon, but one can easily make another cup of tea avoiding Shabbos violations and forfeit this tea.

But what if there is no tea essence or its the last teabag? It depends on how dependant one is on that cup of tea and if without it one will suffer.

v     Bread or cookies were ground on a grinding board, [4] unbeknown that it is an uvda dchol [5] to use a grinding board. Although one is permitted to grind bread and cookies, as one may grind an item that has been previously ground. Since it is an issur drabanan one may use and consume the ground bread and cookies.

When a non-religious person performs a melacha for himself or for a religious person, is the melacha deemed meizid or shogeig?

The problem is as follows: a shogeig is defined as one of the two, either one knows it is Shabbos but did not know or forgot that the melacha is prohibited, or one forgot that it is Shabbos.

A non-frum Jew might know that a certain melacha is prohibited but has decided that religion is not for him and thus his action does not conform to either of the above.

Seemingly then his action is a meizid (intentional violation), which according to all, prohibits benefiting from the item until after Shabbos.

Is this true of all non-frum Jews?

I think not. Many non-frum Jews are of the opinion that since they have chosen not to live a frum life, the torah restrictions do not apply to them and they are permitted to violate the torah rules. We find a major opinion in halacha [6] that says one who says it is permitted is not faulty, i.e. he is not labeled as doing something with intention to violate the issur.

Based on that it is possible to say that a non-frum Jew who mistakenly thinks that he is not obligated to adhere to torah laws, is considered doing melachos bshogeig.

Consequently, when such a person violates the Shabbos one may benefit from the melacha on Shabbos when necessary. Obviously this is a very delicate issue and one cannot pasken without speaking to a rov competent in these laws.

It is very hard to decide who is a (a wanton Shabbos violator and a meizid) and therefore some poskim do not differentiate and consider non-frum people to be close to meizid. Consequently, each case is individual and a Rov must be asked. [7]

Must one wait the time of bichdei sheyaasu (the time it takes to perform the melacha) after Shabbos before benefiting from the melacha?

The Shulchan Aruch writes [8] that food cooked on Shabbos bshogeig is prohibited to all on Shabbos but permitted immediately after Shabbos and one need not wait the time of bichdei sheyaasu.

Why when a gentile performs a melacha for a Jew one must wait bichdei sheyaasu?

The reason is twofold. If one was permitted to benefit from a melacha right after Shabbos, one might still instruct a gentile to perform a melacha on Shabbos to benefit from it right after Shabbos, therefore Chazal prohibited use of the item the time it takes to perform the melacha to negate any benefit from it.

This reason does not apply to a Jew because a) a Jew will not agree to violate the Shabbos for a fellow Jew, and b) one will not instruct a Jew to violate the Shabbos. [9]


[1] Simon 318:1 " .

[2] A public domain where carrying is an issur drabanan.

[3] The empty cup water is poured into from the urn is a kli sheini.

[4] Simon 321:10.

[5] A weekday activity that is ossur midrabanan.

[6] Taz in Yoreh Deah simon 99:9.

[7] Rav Sternbuch shlita.

[8] Simon 318:1.

[9] See MB simon 318 :5.

 

Vort on the Parsha

Rav Sternbuch shlita writes that tefillin shel yad represent actions mitzvos one performs with ones body and tefillin shel rosh represent mitzvos of the heart and intentions.

The tefillin shel yad are in one bayis and are on a single klaf to demonstrate that am yisrael all perform the mitzvos as a single unit we are all united in our performance of the mitzvos. Tefillin shel rosh are on four different klafs and are in separate batim because Am Yisrael do not perform mitzvos of the heart in the same manner. There are different levels and intentions in this aspect.


 

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Note:  The purpose of this series is intended solely for the clarification of the topics discussed and not to render halachic decisions. It is intended to heighten everyone's awareness of important practical questions which do arise on this topic.  One must consult with a proper halachic authority in order to receive p'sak.