Lamed Tet Melchot: Rabbi Ribiat

INTRODUCTION

Chapter 1: The Cornerstone of Emunah

A. Great Rewards for observancea. Fulfillment of one’s willb. Financial securityc. Advocate on Highd. Protects and forgives from sine. Acquires Yiras Shomayimf. Brings Redemption

B. Severe Punishments for Transgressiona. Destructive fires, loss of livelihoodb. Gehinnom – respite only in proportion to observancec. Gehinnom – no peace for those that do not observe at alld. Chillul Shabbos akin to idolatrye. Loss of Jewish Identityf. Wind and Shectiath of a Mechallel Shabbos

i. Likened to idolator and thus these are as if handled by a gentileg. Loss of a child during one’s lifetime

i. (consequence of Kares)

Chapter 2: Melocho and Work; Distinctions and Comparisons

MELOCHO: any one of the 39 categories of primary labors in the building or function of the Mishkan, from which all prohibited activities of Shabbos are derived

A. Dispelling Common Misconceptionsa. Work does not mean “employment”b. Work does not mean “toil”c. Work does not mean “use of modern technology”

B. Heavy Cost of Ignorancea. Unnecessary transgressionb. Excessive stringenciesc. Confusing contradictions

Chapter 3: Basic Premise of Melocho

A. What is a Melocho?a. Nowhere brought down in Chumash – only Torah She’baal Peh

i. Lo taaseh kol melocho

B. Avos and Toldos: Primary Labors and Derived Laborsa. Melocho is not a single specific act, but rather a category or “family” of related

actsi. Examples:

Melocho Av Definition Premise for ToldosZoraya act of planting seeds Promoting plant growth

in any wayMelabain Washing soiled clothes Cleansing a fabric of any

color in any wayTofair Sewing two+ stitches in

a seamBonding any two objects to form a single entity by any means

Shochait Slaughtering an animal Extinguishing any form of animal life

Boneh Creating or assembling a permanent structure as was done with boards of Mishkan

All forms of assembly, even partial

Gozez Shearing wool from sheep or similar animal; removal of any part of body

Cutting or pulling human hair (but not from a shaitel)

Kosaiv, Mochaik Writing two letters on a lasting surface or erasing

Does not include decorative lines/patterns (either making or erasing them)

Dosh Removal of straw and chaff from kernels of wheat

Peeling or removing any natural non-edible attachment from fruit (extracting peas from pods, squeezing fruits or milking a cow)

b. Rule: Toldah must possess elements of the Avc. Connection not always apparent between Avos and Toldosd. Distinctions between Avos and Toldos

i. Halachos not identical although differences not applicable todayii. Thus, Toldah carries same weight as Av

e. Avos Melochos in Mishkani. Construction of Mishkan

ii. Functioning of Mishkan

SECTION ONE: RABBINIC ORDINANCES OF SHABBOS (SHVUSIM)

Chapter 1: Reasons for Shvusim

A. Prevent Shabbos Trangressionsa. Shvus cannot be repealedb. Protective measures to safeguard Torah

i. sensible motorist would not regard a barrier around a manhole as an obstruction of traffic, but rather as a vital and welcome protection

B. Tishbos a. Positive requirement to preserve Melocho-free character and spirit of Shabbos

i. U’vayom ha’shivi tishbotii. ??? WHAT IS DIFFERENCE BETWEEN TISHBOS AND SHIVSA (INFRA)

1. Tishbos – positive d’orita to preserve Melocho-free spirit of Shabbos

2. Shivsa – Divrei Kabala from Nevi’im to preserve spirit of Shabbosb. Melocho-like Activities

i. Chazal determines what activities are Melocho-likeii. Includes some actual halachos which are nonetheless exempt based upon

halachic technicalities (Meleches Machsheves)1. ME: In other words, the Meleches Machsheves exemptions fall

under Tishbosc. What would Shabbos be like without Shvusim

i. Ramban discusses how far an atmosphere of permissiveness would go to undermine serenity and holiness of Shabbos (all sorts of daily activities)

ii. Chazal saw that “technical parameters of Torah Law leave room for Halachic abuses that could seriously dilute Torah observance in broader population

Chapter 2: Different Categories of Shvusim

A. Shvusim TO PREVENT INADVERTENT TRANSGRESSIONa. No use of trees for any purpose b/c of likelihood of detaching inadvertentlyb. Blech for covering flame for leaving hot food cooking over Shabbos

B. Shvusim TO PREVENT CONFUSIONa. Zoraya in a flower pot (not forbidden M’deorais) vs. zoraya in groundb. Kosaiv – temporary (not forbidden M’deorais) vs. permanentc. Bishul – solor heat cooking (not forbidden M’deorais) vs. regular cooking

C. Shvusim – SPECIFIC ORDINANCESa. Muktzab. Amira L’Akum

Chapter 3: Muktza – Objects that are “Set Apart” Objects or substances that are set apart Concept of Muchan: muktza is basically a restriction on objects that were not

“Muchan” (prepared) before Shabbos Lack of muchan means that, for one reason or another, persons would

not expect to use a particular item on Shabbos Concept of Muchan lies at root of any category of muktza

A. Reasons for Muktza Restrictions (differing views) a. Prevent inadvertent Melocho

i. Unrestricted freedom to handle tool might lead one to use it to repairb. Prevent Hotzoa c. Preserve character of Shabbos as a day of rest

B. Tiltul a. Only handling or moving muktza is prohibited; touching permitted

C. Permissible Modes of Tiltul a. Tiltul Min HaTzad (indirect, incidental movement)

i. Continuous Tiltul Min HaTzad1. Continuous indirect handling of Muktza object by means of

another non-Muktza object upon which it is restinga. Coin fell in plate of cookies b. (ME: so plate not bosis – if coin was purposely placed

there before Shabbos, then plate itself is now also Muktza and thus it’s not non-Muktza anymore and so no Tiltul)

2. RULE: Tiltul Min HaTzad L’Tzorech Davar HaMutar -- only permitted where main purpose is movement of non-Muktza item

3. Ni’yur must not be feasible – TMH is a last resort

ii. Ni’yur1. Must avoid continuous titul min hatzad wherever practical2. Niyur requirement: “shaking off”

a. If coin fell in bowl of fruit, try to spill out all contents firstiii. Applications of Titul Min Hatzad

1. Moving table with Leichter – can move if challah placed there erev Shabbos (no bosis)

2. Moving jacket with money in pocket3. Moving fragile appliance left on couch or bed

a. If Niyur will damage, may carry it away via couch pillow or bed sheet and set it down safely

i. (ME: how is this not for the primary purpose of moving the mutzka?)

4. Pulling garment from beneath muktzaa. Assumes muktza left there UNINTENTIONALLY!

5. House keys on a ring with car keysb. Tiltul Kil’achar Yad (Backhanded Fashion)

i. DEFINITION: any awkward or abnormal mode of handling1. Permitted for any purpose (even if for benefit of Muktza item)

ii. Tiltul B’gufo: 1. moving with any part of body other than hands

a. Body, teeth, feet, breath2. Included within Titul Kil’achar Yad

a. [Me: in other words, Tiltul B’gufo is one of the ways to accomplish Tiltul Kil’achar Yad]

3. Using back of one’s hand is NOT same as “backhanded” manner (i.e., it is NOT Tiltul B’Gufo [Me: and thus not within the broad Tiltul Kil’achar Yad exemption])

4. PRACTICAL HALACHA: Minority of poskim do not hold by Tiltul B’gufo and thus proper to refrain unless pressing need

D. Categories of Muktza a. Muktza Machmas GUFO

i. DEFINITION: no intrinsic function and not a designated utensil/toolii. Automatically “set apart” b/c NO designated use

iii. Examples (by category)1. Debris, rocks, stones2. Trash, fruit peels, shells, pits3. Detached windows, doors, lumber4. Inedible foods5. Animals, insects, corpse6. Broken Appliances, dishes, glasses

a. Shards can be swept away

b. Muktza Machmas CHESRON KISi. DEFINITION: mutkza due to its fragility / great value)

ii. not muchan for general useiii. Two types:

1. Items not normally handled at any time b/c of fragility/value2. Items that (because of fragility/value) are ONLY USED for specific

non-Shabbosdik use and not left “lying around” between usesiv. Examples:

1. Expensive china, delicate photos, items set aside as gifts, new clothes, newly printed invitations

2. Shochet’s/mohel’s knife, fragile appliances, other things not usually handled but for their designated use (music equipment, expensive camera, CDs, etc)

v. not limited to items of very high value. Anything easily ruined that one would refrain from handling for any reason other than its designated non-Shabbosdik use

vi. also, fragility alone does not make it muktza if the fragile item has a permissible Shabbosdik use

1. expensive china, jewelry, etc

c. Muktza Machmas ISSUR: muktza due to prohibition (2 types)

i. Machmas ISSUR ATZMO1. DEFINITION: muktza due to an intrinsic prohibition2. 2 types

a. Items upon which transgression performedi. Fish caught on Shabbos, shatnez garment, non-

kosher foodsb. Items leading to transgression

i. Handling wet laundryii. [ME: would this include electronics w/ buttons? – I

think no b/c electronics fits into melachto l’issur (primary purpose is for non-Shabbos use, whereas in the wet laundry example, clothing is not case that primary purpose is non-Shabbos use)

ii. MELACHTO L’ISSUR1. DEFINITION: item w/ primary purpose for non-Shabbosdik use2. Examples:

a. most durable (non-fragile) electronics – radio, clock, fanb. also, empty pots/pans, pens, toothbrushes, hammers and

other durable tools3. SPECIAL EXCEPTIONS FOR MELACHTO L’ISSUR

a. L’TZORECH GUFO (personal need)i. One needs item for a permissible use (pot

containing leftover food – even though empty pot would be muktza; moving an electric fan)

b. L’TZORECH MEKOMOi. Actually occupies space that’s needed

d. Other Forms of Muktzai. Muktza Machmas Mi’us (repulsivness)

1. But, Graf Shel Re’I – move if extremely disturbing

ii. Muktza Machmas Mitzvah (Schach on Sukkos)iii. Nolad

1. Antithesis of muchan2. Nolad Gamur – freshly-laid egg, fresh milk, sap, new ashes3. K’ein Nolad – minor transition of existing entity

a. (toy that broke on Shabbos but separate parts still usable for fun – not muktza on Shabbos but muktza on YT)

E. Bosis (Muktza Base)a. Muktza item extends its own status to any object upon which intentionally

placed before Shabbos

b. Examplesi. Money left in bowl makes bowl muktza (even if money later removed)

ii. Flame on candle – makes into muktza the candle, tray, and tableiii. Money deliberately left in a drawer

c. Exception – if other non-Muktza items of greater importance also on Bosisi. Bowl w/ coins NOT bosis if also has desserts for Shabbos

ii. Challah on table erev Shabbos w/ Leichter, table not bosisiii. Drawer w/ money if also has clothing for Shabbos

d. Exemptions (Me: lack of intent for object to serve as bosis on Shabbos)i. Shochai’ach (forgotten)

1. Unintentional placement (coin fell from pocket) – no bosis2. Unplanned placement during week

a. Deliberate placement mid-week without any plan to leave it there for Shabbos

b. NOT considered bosis , even if put intentionally, b/c items are constantly moved & not expected to remain in 1 place

c. Rule : placement more than one day before Shabbos does NOT equal intent

d. Limit to this exception : if item placed in usual place of storage, the non-Muktza item becomes bosis

i. Money left in shirt pocket on Wed – entire shirt becomes a Bosis

3. Placement on Friday with plans for removal before Shabbosa. However, without plans for removal, assumption is intent

ii. Derech Akroy (random placement)1. Muktza placed on base simply because no other space2. No intention to be used as a base3. Examples:

a. Box of detergent left on top of matzah in cabinetb. Raw meat put on top of ice cream in freezer

iii. Chavairo (“friend”, i.e., non-owner)1. non-owner’s placement does not cause the supporting non-

muktza item to become bosis

F. Miggo D’iskatzaia. Items that are muktza at onset of Shabbos retain muktza status throughout

entire Shabbosb. Even if defining cause of muktza status vanishesc. Examples:

i. S’chach that fell from Sukkahii. Lulav whose leaves fell off (thus invalid)

iii. Wet laundry left on outdoor line – muktza even after driediv. Drawer w/ muktza (drawer is bosis, even if all items spilled out)v. Brick – muktza even if one suddenly designates it for permanent need as

a doorstop)vi. Questions:

1. w/ wet laundry, I thought we saw elsewhere that you could use it after it dried

2. with brick, how is a brick different from a hammer (melachto l’issur) where you can redesignate it? Is it that melachto l’issur is the only muktza category where you can re-categorize?

G. Designating Muktza for Shabbos Usea. “Items generally classified as muktza (rocks, bricks, sand, twigs, etc) may be

designated for permitted use before Shabbos” (paraphrased)b. Permanent designation

i. only mental resolution req’dii. logs (into bench), old tools/appliances (into toy), sand (spreading on ice)

c. Temporary designationi. Must render physical change in addition to mental

Chapter 4 – AMIRA L’AKUM Sages prohibited Jews from asking non-Jew to perform Melocho on behalf of Jew Applies even if non-Jew was instructed BEFORE Shabbos

A. Reasons for Rabbinic Ordinancea. Laxity of attitude toward Melochob. Mimtzo Cheftzecho and Dabair Davar

i. One may not engage in non-Shabbosdik activities through speech or other arrangements

c. Shlichus (agent acting for prinicipal)

B. Basic Premise of Amira L’Akuma. Amira (instructing)

i. Jew may not instruct, even if Jew will not benefit

b. Hana’ah (benefit)i. One may not derive Hana’ah (positive benefit), even if no Amira

ii. Positive Benefit1. “any newly created, substantial benefit resulting from Melocho”2. Examples:

a. Kindly non-Jew turns on light in totally dark roomb. Maid cleans / dries dirty shirt – no wear on Shabbosc. Flame blew out beneath blech

iii. Indirect Benefit1. Light left on in bedroom – may hint to turn off2. Alarm clock3. Benefit derived is not from act itself but from conditions evolving

indirectly from it4. Rule: removal of annoyance is “benefit by default”

iv. Additional Benefit1. Merely enhances an existing condition (rather than create new)2. Not forbidden3. Only forbidden when not possible to do before

a. Room already dimly lit and non-Jew turns on lightb. Thus, one MAY hint to non-Jew to turn on lights in a bright

room – however, once it turns dark, reading in that room no longer allowed ***)

c. Turning on heat on mildly chilly day is complete benefit and thus not allowed

C. Permissible Forms of Amira L’Akuma. If non-Jew acting for his own benefit

i. Ex: If turns on light for his use, may be asked to leave it onii. Factor of Shlichus (agency) is absent

iii. Factor of Hana’ah is absent (benefit to Jew is incidental)iv. Non-Jew’s self-interest must be genuine

1. Jews cannot use hot water that maid boiled for herself b/c assume that she added it for her own benefit

b. Non-Jew acts FOR Jew but no request and no hana’ah Possible in several ways:

i. Non-Jew acts completely on his own 1. Non-Jew acting against Jew’s wishes (performed over objections)

a. May benefit2. Non-Jew acting on behalf of Jew (Jew does NOT object)

a. May NOT benefit unless benefit is not positive hana’ah

b. Non-Jew MAY be allowed to turn off car headlights: no Amirah and no hana’ah

c. Non-Jew MAY be allowed to turn on lights in dim room b/c no Amirah and no new benefit

ii. Jew hints indirectly (R’mizah sh’lo b’derech tzivui) 1. Permitted2. Inference is limited to phrases that imply the need for the

Melocho but not the non-Jew’s particular role in executing it3. “The timer is ringing and we are not permitted to shut it off”;

“Shame the lights are on and we are wasting electricity”4. If non-Jew asks: should I do X? Don’t say “yes” b/c that’s same as

a direct request – rather, say “I would appreciate it if X happens”5. Halachically same as non-Jew acting on his own

iii. Jew hints implied request (R’mizah derech tzivui) 1. NOT permitted – similar to direct request2. “If you do X, I will reward you”3. Also, non-verbal gestures = commanding4. May NOT say: “Why didn’t you shut lights last Shabbos” on

Shabbos itself, but may say that on Sundayiv. Amira L’Amira (hearsay request)

1. Machloket on whether it’s Amirah2. (even if not Amirah, still cannot have hana’ah)

D. Circumstances where Amira L’Akum Is Permitteda. Illness, indispositions

i. even if not life-threateningii. Examples:

1. Sick Jew may ask non-Jew to raise heat, adjust AC, bed, etc2. May ask non-Jew to buy medicine ***

iii. Levels of Illness1. Severe pain (confined to bed or would help to be in bed)

a. May ask non-Jew to buy meds, call doctor, etcb. Carry treatments to home even without eruv

2. Mild Illnessa. May only ask for Melocho M’derabonon

3. Very mild illnessa. NO Amira L’Akum

b. Mitzvah needsi. NO Amira L’Akum for d’eoraisa

1. NO asking non-Jew to turn on light for Shabbos seudah2. However, may be allowed if i.) to help avoid widespread

transgression (repairing eruv) or ii.) public mitzvah needii. Non-Jew performing Shvus for Mitzvha purposes

1. Shvus d’shvus: Allowed, even if not a public mitzvah need

E. Non-Jewish Employees / Contractorsa. Kablanus (Contractual agreement)

i. Most lenientii. Kablan: contracted to supply specific item or service, regardless of hours

iii. Kablan works for himself -- each action not being directed by Jewiv. Exs: furniture maker, dry cleanerv. BUT:

1. Cannot instruct Kablan to do work on Shabbos or have product ready immediately after

2. Cannot have work being done openly in a way that people will see that a non-Jew is doing work for a Jew on Shabbos

3. Cannot hire an out of town non-Jew to do work just after Shabbos, knowing that he will have to drive during Shabbos

b. S’chirus Yom (Per-diem agreement)i. Hourly worker on call for any task

ii. Full shaliach of Jewiii. NO melocho at all for Jew, even if not askediv. Exs: office secretary, custodian at shul

c. Domestic Helpi. S’chirus Yom status

ii. NO Amirah l’Akum1. However, maid may: fold laundry, wash dishes, clean tables, tidy

up, even if for after Shabbosiii. Asking Maid to do non-Melocho chores that may involve Melocho

1. Ask her to wash dishes even if she will use hot water, or to clean up spill even if she will wring out a mop

2. Hot water, or mop, are both her choice for her convenienceiv. Some Poskim re: Contemporary Live-Ins

1. Kablanus: Obligations may be work-related, not time-related2. However, must state NOT obligated to do any work on Shabbos3. Still:

a. Even if maid does Melocho for benefit of Jew, Jew cannot ask on Shabbos and no han’ah on Shabbos

b. No Zilzul Shabbos (dishwasher, vacuum, washing machine)c. My summary: just b/c maid may be considered a Kablan

does not mean you can use that Kablan status to get around the restrictions of Amira L’Akum. In other words, you would not be able to ask the dry cleaner with whom you dropped off a shirt to do Melocho for your on-Shabbos

benefit – rather, he can do Melocho on Shabbos for your after-Shabbos benefit so long as it’s his choice

d. Workmen on One’s Own Property (Zilzul Shabbos and Mar’is Ayin)i. Even if permitted re: Amira L’Akum, other issues

ii. Zilzul Shabbos = “Cheapening of Shabbos”iii. Mar’is Ayin – Jew might think workers were S’chirus Yomiv. Thus, not allowed, even if Kablanusv. Grave prohibition – Jew forbidden to benefit from these efforts forever

vi. Trash collection – one MAY put out trash before Shabbos.1. No Mar’is Ayin b/c known that schedule is City’s choice

e. Leasing Equipment to Non-Jew on Shabbosi. Forbidden when appearance of Shlichus

ii. Thus, NOT allowed if lease begins on Friday, but MAY if begins on Thurs.iii. Schar Shabbos not issue b/c earnings are integrated into week’s

f. Jewish-owned Business on Shabbosi. NOT allowed to operate, even via non-Jew

ii. 2 reasons1. Amira L’Akum2. Mar’is Ayin

g. Business Partnerships with non-Jewsi. NOT allowed to have non-Jew run it b/c each party is responsible to other

ii. Thus, direct shlichus.iii. Same problem if business employees hourly workers paid from general

account – amira l’akum for benefit of Jewish co-owneriv. Contractual arrangements can be made with expert advice

h. Leasing Property to non-Jewi. MAY rent on monthly/annual, BUT NOT on daily basis

ii. Any melocho is unrelated to Jewiii. However, beware of Mar’is Ayin issues – leasing company truck with

Jewish logo on it to non-Jew for month if he will operate it on Shabbos

Chapter 5 – Instructing a Fellow Jew to do MelochoA. Asking a non-observant Jew

a. Categorically forbiddenB. Preventing a Jew from Desecrating Shabbos

a. One must do everything possible to discourage and prevent a Jew from breaking Shabbos

C. Giving Directions to Jewish Motorista. Halachic quandary – giving directions seems to be tacit approval, but to

refuse seems rude and lead to more Chillul Shabbos if he drives more

b. Present Poskim: “It is Shabbos and one may not drive on Shabbos. However, to minimize your Shabbos transgression, the shortest route is . . . .”

D. Asking Jew who follows lenient rulinga. Cannot ask him to perform an act for youb. However, one may benefit if lenient one is also acting on his own behalf

Chapter 6 – Divrei Kabala – The Principles of Shivsa• Through Nevi’im, in addition to Melochot, also reflect spirit and sanctity of Shabbos

• B/c source is from Nach, lesser authority and severity than Torah laws• Divrei Kabala, rather than Divrei Torah• Yet, not strictly Rabbinic either

A. Basic Premise of Divrei Kabala – “Shvisa”a. Purpose of Shiva laws – protection and honor of Shabbosb. Avoid saying or doing what would disturb thisc. 3 types: Hiluchecha (walking), Cheftzecha (weekday occupations), Dabair

Dvar (speech)

B. Hiluchechaa. “Your manner of walking on Shabbos must not be the same as that of the

week”i. Hustle and bustle is antithetical to Shabbos

b. Walking/joggingi. Leisurely stroll ok

ii. Jogging, exercising not – avoid exertive movementiii. When hurrying allowed:

1. To join something of great interest or excitement2. Even a Kiddush reception or interesting conversation3. If caught in the rain or to escape any unpleasant issue (even if

not dangerous) (scared walking alone, barking dog)

c. Machshava (Unrevealed intent)i. Only distinctively exertive running/walking is restricted

ii. Actions that don’t reveal exertion are ok

d. Running for purpose of mitzvah is ok (davening, shiur, etc) (Hiluchecha, means things for yourself, not for community)

C. Mimtzo Chefzecha• No weekday occupations, even if no form of Melocho whatsoeverIncludes: a) preparation for melocho after Shabbos, and

b) business-like acts on Shabbos

a. Preparation to do Melocho after Shabbosi. NO efforts (by act or speech) to expedite Melocho after Shabbos

ii. Even just mental planningiii. However, planning for a mitzvah is ok

iv. Unrevealed preparation (Machshava)1. Permitted if not evident2. May walk on Shabbos toward bus stop to catch bus asap after

so long as wait in general area and do not give impression of waiting for bus

3. Window shopping ok4. Preferable and praiseworthy to refrain nonetheless – during

Shabbos, one should be imbued w/ feeling that weekday duties are settled

b. Business-like actsi. NO weekday/business acts on Shabbos even if no Melocho

ii. I.e., browsing inside Dept store, reading trade reports, discussing business deal

iii. May discuss mitzvah transactions but not finalize deal

D. Dabair Davara. Do not express intention to do Melocho after Shabbos

i. I.e, I plan to write a letter, drive a car, etc

b. Idle conversations OKi. Permitted to recount past experiences of camp, trips, what something

cost and how purchased if enjoyable to group and does not include plans for doing Melocho after Shabbos

ii. Preferable not to speak this way and to focus on Torah topics

c. Mimtzo Chefzko vs. Dabair Davari. MC = promotional effort toward Melocho after S

ii. DD = mere expression of intent for Melocho after Siii. One act can be both – business meetings, planning vacation

d. *Verbally implied intentions are OK*i. Only explicit verbalizing intent to do Melocho is prohibited

ii. One may say he intends to travel to another city so long as does not say he will driver there.

iii. Only “Dibur” (explicit verbal expression) is forbidden. Mere “Machshava” (implicit intent) is ok.

e. Verbal Expression of Mitzvah-related Melocho is ok

E. Greeting Others on Shabbosa. Do not say just “good morning but proper Good Shabbos

F. Tircha: Toil/Strain• no excessive strain – detracts from restful character• anything that, due to its considerable exertion, is only rarely done

• rearraging furniture• any monotonous, tiresome activities or menial tasks

* however, one may do minor chores for sake of Shabbos (set table, move chairs)

a. Tircha to Prevent a Loss and b. Tircha for Shabbos Needs

Tircha to Prevent a Loss Tircha for Shabbos NeedsExcessive Tircha

No (dragging furniture from a flooding basement)

No (even for direct Shabbos needs) (no rearranging heavy furniture or boxes of food, etc)

Minor Tircha

Yes (covering furniture left outdoors)• even Muktza items may be covered to prevent damage (though items are still muktza)

YesMinor = common, everyday functions or spontaneous needs

b. Tircha for Mitzvah Purposesi. Permitted (OK to move furniture to make room for guests or tefillah)

G. Hachono (Preparing for post-Shabbos Needs)a. No preparation allowed on Shabbos for a post-Shabbos need, even if doesn’t

involve melochob. Hachono and idea of Tircha

i. Hachono is subset of Tircha b/c effort of planning for after Shabbos is deemed Tircha

c. Some Hachono is permittedi. ONLY an effort whose non-Shabbos purpose is self-evident is

restricted per Hachonoii. If Hachono activity does not show “even a modicum of Tircha”, its not

prohibited:

1. Commonplace activities

a. Routine and effortless acts done as a matter of course without any thought that it’s a beneficial act of preparation

b. Returning food to fridge for use after Shabbosc. Returning sefer to bookshelf even though unlikely to

be used again on Shabbos (done out of habit)d. Carrying tallis home after Shabbos morning even

though this is preparing tallis for post-Shabbos usee. Woman visiting friend can take house-key w/ her even

if not returning home until after Shabbos f. Man bringing sweater to shul on warm day for his walk

back after Shabbos when coolg. For all these, one does not associate this minor act w/

preparationh. Forbidden Hachono vs. Permitted Hachono :

i. Washing dishes – while routine/commonplace, nevertheless, obvious prepatory effort for a later need. The trouble (and benefit derived) – i.e., that clean dishes will be available post-Shabbos is self-evident, and thus, a conscious thought when washing)

ii. VS.iii. Returning food to fridge – almost mechanical,

without thought to later benefit

2. Preventitive Measures (to avoid loss)a. Modest efforts only to avoid a lossb. (me: this fits with the allowance to do minor tircha to

avoid a loss)c. Even if what’s spared will only be used after Shabbosd. Act must not be otherwise forbidden (i.e. Melocho)e. No heavy exertion, even if to avoid big lossf. Examples:

i. Returning food to fridge if will become stale or ruined, bringing in light furniture from rain (or even clothes if dry before Shabbos), temporarily folding tallis, soaking dishes to prevent hardening food residue (questionable) (though only applies to food and not burnt or crusted food)

3. Activities not causing any change in an itema. Washing dishes = Physical change b/c now clean

b. Moving a table from one room to another for an after-Shabbos need = NO physical change. (lenient view, and only for difficult circumstances)

d. Difference between Mimtzo Cheftzecho, Dabair Davar, and Hachano

i. MC = active planningii. DD = verbal expression

iii. Hachono = simply “preparation,” even if no Melocho or otheriv. *transgression of MC can also be Hachono

e. Forms of Hachonoi. Washing dishes, wiping table top, arranging dirty dishes in

dishwasher, making beds, setting chairs/tables for motzash, Misching the Sefer Torah, changing shirts for the Nine Days, folding tallis to put away for after Shabbos, Shamash putting away Seforim (siddurim/Chumoshim) (whereas OK for individual at home to return one or two seforim b/c “preparation” isn’t his intent

f. Minor Preparations (Still Forbidden as Hachono)i. Bringing tables/chairs (from one room to another) to prepare things

for next day of Yom Tov – NOT allowed1. However, permitted if to tidy up for remainder of that day

ii. Bringing wine for Havdallah – hachonoiii. Clearing table after Shelosh Seudos – hachono if table not needed

again for Shabbosiv. Thawing frozen foods (typical when YT falls after Shabbos)

g. Hachono from One Shabbos to Anotheri. Forbidden, i.e. by misching Torah scrolls for following Shabbos

h. Activity that prepares for BOTH Shabbos and post-Shabbosi. Permitted even though also for post-Shabbos

ii. Ex: clearing off table if needed for any Shabbos purpose, tidying up room or making beds if appearance is unpleasant, resting on Shabbos afternoon, studying for Torah-related test

iii. *Even mere possibility that need will arise is enough for defining the act as a Shabbos need *

1. Wash glasses after 3rd meal b/c may become thirsty and want drink

i. Verbal Hachonoi. Mere verbal expression that brings about halachic change – not OK

ii. Ex: releasing a vow for after Shabbos

j. “Implied” Verbal Hachonoi. Not allowed – b/c gives outward impression of Hachono

ii. Ex: while one may return food to fridge or soak dishes – both for a post-Shabbos purpose, one may NOT state that post-Shabbos purpose

iii. Thus, cannot say: let’s wash these dishes now so they will be easier to clean on motzash, or let’s sleep now b/c . . . .

H. Avoiding Tza’ara. One may not cause himself or others any emotional distress

i. Not even a stressful game if upset if lose

b. No depressing stories or events that will cause listener to become depressedi. If hear tragic news (R.L.), must not weep or show grief (except

perhaps discreetly)ii. Story of The Elder of Slobodka’s son’s death on Sukkos

c. Fasting, reciting Tehillim -- generally not allowed

d. Bikur Cholimi. Allowed if patient will truly appreciate

ii. May not schedule it on Shabbos just for convenienceiii. During week – wish a refuah shleima

1. On Shabbos: “Shabbos He Meliz’ok U’refuah K’rovah Lavo” (“It is Shabbos that we do not cry; your complete recovery will be swift in coming”)

e. Nichum Aveilimi. Not perfectly appropriate

ii. Should not specifically schedule for Shabbos – only if cannot make it during rest of week

iii. Minhag now: not to visit mourner at home on Shabbos, though may recite words of comfort in street

I. Uvdin D’Chola. Avoid regular “weekday activities” that closely resemble weekday choresb. Loose concept of specific Halachosc. Rule: acts that usu done during week “in a manner that would be a Melocho

or other Shabbos restriction”d. Examples:

i. Grating cheese w/ grater – even though cheese is exempt from Tochain (b/c does not grow from ground) and may be

chopped/ground on Shabbos, grating w/ a tool specifically designed for grating is forbidden

ii. Mashing eggs w/ potato masher – not allowed (b/c masher is usu used for mashing in Tochain fashion), though w/ fork is OK

iii. Brushing garments (for lint) – not allowediv. Playing chess/checkers – permitted, though minhag is to designate

special setv. Shabbos brushes – combing/brushing hair is not allowed, though

gentle brushing w/ soft brush is OK, though minhag is to designate separate brush

vi. Gathering fruit that spilled in backyard – similar to M’amer and thus simulates it and thus Uvdin D’chol

vii. Chopping logs into wood blocks – resembles logging/carpentry and thus forbidden (plus, logs usu muktsa and other restrictions)

viii. Butcher showing knife to Rav on Yom Tov – not allowed unless great need for meat on YT

J. Molid (Creative Changes)a. Demonstrate a cessation of creative activitiesb. Thus, forbidden to create a new entityc. Exs of forbidden acts: crushing ice to transform to water, melting schmaltz,

freezing water/juice, infuse scent into a garmet, strike a match to make a new fire on YT, discharging whip-topping from pressurized can

i. ? why does existing flame also not create Molid problem upon the ignited object?

Chapter VII: Melocho on Erev Shabbos

A. Initiating a Melocho-Process Before Shabbosa. Allowed to start a Melocho before Shabbos even if will continue thru Shabbosb. Before Shabbos, may: Turn on lawn sprinkler, light candle, set animal traps, etc.c. In another time zone: allowed

i. May send fax to a place where it’s Shabbos ii. May call to speak to non-Jew where it’s Shabbos

iii. Rule: prohibition determined by Shabbos hours of place of person performing the Melocho

d. Though may NOT:i. Call a non-observant Jew or to listen to Israeli radio station

B. Restrictions when Starting Melocho before Shabbosa. Only allowed if will not result in the compromise of a Shabbos restrictionb. Exs: blech on stove, pour concrete just before Shabbos knowing that it will need

water soon after

C. Zilzul Shabbosa. Where Melocho makes big noise, not allowed to start it and allow it to continue

on Shabbos b/c commotion detracts from Shabbosb. Exs: noisy equipment (even if will shut off auto), clothes washer/dryer nor a

dishwasher (for other reasons as well – see Mavier), leaving radio, TV, tape recorder playing, etc (much of material being transmitted today is forbidden in Jewish home any time, etc) *

D. Activating Lights/Applicances via Timersa. Lights – OK, though may not adjust timer on Shabbos (exceptions though)b. Timers on Electric Appliances

i. Igros Moshe – timers are forbidden for any electrical appliance w/ sole exception for lights

1. Reduces character of Shabbos to weekday2. Amira L’Akum – b/c one could accomplish any Melocho by

prearranged timera. While most Poskim do not accept this stricter ruling (most

pple set ACs on timers), still one should consider that operating appliances via timers does seem to degrade spirit of Shabbos

E. Travelling Close to Shabbosa. One must make certain to allow ample time

F. Performing Melocho Close to Shabbosa. b/c our nature to become engrossed in work, restrictions on major Melocho

projects close to Shabbos to allow for proper preparationb. No “comprehensive Melocho-projects” – painting house, laying new tile, etc any

later than 1¼ Halachic Hoursc. Melocho needed FOR Shabbos (cooking, cutting nails, etc) OK until Shabbos

i. RULE: any Melocho permitted on Chol Hamoed is permitted until arrival of Shabbos

d. Halachic Hour (“Sha’os Zemaniyos”)i. Daylight hours divided into 12 hours

ii. Different shitas re: start/end1. Sunrise to sundown2. Alos until Tzais

e. Regular Employment Activities i. Shopkeepers

1. Not subject to this restriction2. Some only permit discreet buying/selling though beyond 1¼

f. Craftsmen i. Skilled craftsmen must stop work within 1 ¼ hrs

ii. Some allow continued work for those w/ families that prepare, though still must leave time for certain minimal activities

g. Minor Activities i. Allowed, b/c does not engender deep involvement

ii. Mailing letter – permitted and not Amira L’Akum for 2 reasons1. Kablanas, not shaliach2. Amira L’Amira – hands letter to clerk who gives to another3. BUT – may not send letter overnight if req’d to ship on Shabbos

b/c no longer Kablanus (HOWEVER, IF URGENT MAY DO SO AND RELY ON AMIRA L’AMIRA)

h. Expediting the preparations of Shabbos i. One must inquire of his household w/r necessary preparations done

1. Bottles opened, blech in place, thermostat set, fridge light, etcii. Proper time to ask: close to Shabbos AND NO EARLIER

1. If urging made too early, persons may become lax w/ rationale that “there is still plenty of time”

iii. Proper Tone: gentle, even-tempered manner so as to be readily accepted1. One who instills fear is liable to cause serious transgression b/c

family members are likely to do Melocho after Sh’kiyoh out of fear*

CHAPTER VIII – Time of Commencement and Conclusion of Shabbos

A. Twilight Period (Bain Hashmashos)a. When night occurs per Halacha not precisely definedb. Astronomy – nightfall occurs graduallyc. BH – contains aspects of day and nightd. Halachic “absolute night” occurs sometime during (or at end of) BH

B. Onset of Bain Hashmashos (Sh’kiyoh)a. Major Talmudic debate about what “Sh’kiyoh” meansb. Gra (“Vilna Gaon”)

i. Point when sun recedes beneath horizonii. From then, all Melocho is forbidden b/c of weight of halachic doubt takes

effect at this timec. Rabbeinu Taam

i. Sh’kiyoh is not a single event:ii. Rather, Sh’kiyoh occurs in two stages

1. Start of Sh’kiyoh – sun recedes beneath horizon (Melocho OK)

2. End of Sh’kiyoh – 78 minutes later, final stage of Sh’kiyoh begins and lasts for 18 minutes (No Melocho)

3. Start/Sh’kiyoh-----------------------78 mins-------------I----18 mins ---IFinal stage begins Final stage ends

d. Shulchan Oruch ruling i. Rules like Rabbeinu Taam (were kehilot in Europe that followed this)

ii. In US, leniency of Rabbeinu Taam’s ruling not general practice, though some kehilot do follow RT re: Z’manei Tefilloh (where mincha can be recited up to an hour after Sh’kiyoh

e. Halachic Conclusion i. Most Poskim follow the Gra – no Melocho immediately at sunset

ii. Accepted practice = Shabbos arrives at very onset of twilight period

f. Calculating time of Sh’kiyohi. Gemara gives 4 ways to discern time just before Sh’kiyoh when still

allowed to do hadlakas haneiros:1. On a clear day – when sun sphere is visible just above tree tops or

roofs of houses2. Overcast day – roosters settling on eaves of houses3. In a field – ravens settling in fields at dusk4. In marshes – grass (certain kind) tilts toward setting sun

ii. Today, use calculationsiii. However, note below – Melocho is forbidden even shortly before

Sh’kiyoh for a few reasons

C. Special Leniencies during Bain Hashmashosa. General rule – rabbinic restrictions forbidden during BHb. EXCEPTIONS: (per Sofaik D’rabonon)

i. Amira L’Akum during BH 1. “[D]uring the first 40 minutes of the Bain Hashmashos period, one

may instruct a non-Jew to perform Melocho on behalf of a Jew if there is a compelling need. The definition of a compelling need includes the following:”

a. Shaboos needsi. Lighting candles, warming Shabbos food,

ii. switching lights on or off (for sleep, but not just to save electricity),

iii. adjusting central heating or AC (permitted even if not urgent enough to permit asking during “absolute” part of Shabbos itself)

iv. other Shabbos needs: plug in fridge or freezer for food, remove light from fridge, open bottles needed for Shabbos

b. Mitzvah Needsi. Turn on lights or heat/AC in shul or Beis to enable

persons to daven / learn

c. Significant Financial Lossi. Turn off car/appliance/AC left running if could be

damagedii. Hiding valuables

iii. Locking car or business to prevent vandalsiv. Melocho for emotional needs – significant

loss/damage is NOT limited to monetary losses.1. Lighting Yahrtzeit licht2. However, very subjective standard, and

“more often than not,” one is halachically obligated to overcome his emotions before compromising Halacha and resorting to Amira L’Akum

ii. Hatmana, Eruv Chatzeiros1. These Rabbinic restrictions are waived during period of Sh’kiyoh2. HOWEVER, these examples are impractical b/c in most situations,

most of community already ushered in Shabbos at which point it takes effect for all in that city arbitrarily at that moment and even Rabbainic restrictions (through one’s own actions) are forbidden (As opposed to Amira L’Akum that is permitted during BH. Thus, ALA is permitted even though most of city accepted Tosfos Shabbos). But, if in secluded area, may do hatmana and eruv chatzerios until 40 mins past Sh’kiyoh

D. Accepting Shabbos Early (Tosfos Shabbos)a. Positive Command to accept Shabbos earlier than established and delay its end.

No specific measure – even a millisecond fulfills itb. Early Shabbos takes effect as soon as one resolves to accept Shabbos, even

w/out any verbal expression

c. Earliest Time of “early Shabbos”i. Shabbos CANNOT be ushered in before Plag Hamincha (“half of the

Mincha”) ii. Plag Hamincha = mid-point b/t beginning of prime time for Mincha

(Mincha Ketana) and Sh’kiyohiii. Mincha Ketana = 2.5 Sha’os Zemaniyos before Sh’kiyohiv. So Plag is 1 ¼ hours after MK and Plag is 1 ¼ hours before Sh’kiyohv. So it looks like this:

1. Mincha Ketana |------1 ¼ hours -----Plag----1 ¼ hours-----|Sh’kiyoh

vi. Mincha before the Plag (Avoiding Halachic Inconsistencies)1. If making early Shabbos, must daven mincha BEFORE Plag2. This avoids contradictory Halachic situation of davening both

Mincha and Maariv at the time slot that you designate as “night”a. The tefillah recited during period of Plag Hamincha (I

assume his means b/t Plag and Sh’kiyoh) can determine if that time as “afternoon” or “night”

b. If daven Mincha then, you made it “afternoon” and cannot daven Maariv then. If daven Maariv then, then can no longer recite

vii. Remember to repeat Shema at Tzaisviii. Continuing the meal until past nightfall

1. For early Shabbos, try to eat a K’zayis of bread after dark so as to fulfill Seudas Shabbos

d. Asking a Jew who did Not accept Shabbos to do Melochoi. One who accepted Shabbos early may ask another Jew who hasn’t yet

accepted to due Melocho (kol v’chomer a non-Jew)ii. However, other Rabbinic restrictions are forbidden under same rules that

apply to Bain Hashmashos (see Amira L’Akum during B”H)iii. However, when most of community accepts Shabbos early for Mitzvah of

Tosfos Shabbos, almost all Shabbos restrictions apply (including asking others to do Melocho for him)

E. Compulsory Acceptance of “early Shabbos”a. Ushering in Shabbos early is Mitzvah requirement of Tosfos Shabbosb. While no minimum shiur (even a millisecond is good), in some situations, one

must bring in Shabbos much earlier based upon two causes: i. . Lighting candles and

ii. Whole Community accepting early Shabbos

c. Lighting candles: i. When woman lights, she automatically takes on Shabbos, except if in

extreme necessity, she consciously resolves not to. Other girls in family are not bound by this restriction

ii. Does NOT apply to men, though still best iii. burning nearbyiv. Electric lights are OK for Hadlokas Neiros; some for him to have in mind

that he’s not accepting Shabbos if he happens to lightv. 3 reasons for lighting:

1. Kovod Shabbos – dignifying Shabbos table2. Oneg Shabbos – when table/food illuminated and 3. Shalom Bayis – domestic tranquility

vi. Candle type – olive oil lamps most desirable, but may not read by these if lights go off and not regular wax candles say make a bracha, though Igros Moshe says NO bracha

vii. Timing – if not light at customary time (18 mins, etc), woman may still light before shkiah if she knows the premise minute. However, NO melocho past 2 mins before Sh’kiyoh.

viii. Number of Candles – 1. Shulchan Oruch – 2 for Zachor and Shamor2. Many families adopt custom of 1 candle per member

a. Basic halachic req: 1 candle (even if normally lights more)3. If no candles before Shabbos, woman may use wax Yartzeit licht,

or olive oil or any kind of vegetable cooking oil and produces a clear/steady flame. May use a shot glass and make a wick from a cotton ball. Bracha recited.

a. Best not to use the quick-burning “Chanukah candles” unless nothing else available. No bracha on those unless candle will burn until commencement of Shabbos meal.

b. If no candles or oil whatsoever, woman may turn on electric light in room where meal will be eaten. No bracha.

c. Any of above options fulfills mitzvah and no add’l candles need be lit on future Shabboses (w/ possible exception of electric lights – ask Rav). Still, take serious steps to avoid those options.

4. Lighting close to Sh’kiyoha. Only light those if enough time before Sh’kiyohb. If light even one, mitzvah not forfeited. Bracha.

5. If husband’s shul accepted Shabbos earlya. Woman may not light after time when shul recites Mizmor

Shir L’yom HaShabbos

ix. If Woman Did not Light Candles at all 1. Negligence: woman must add extra candle (or light longer candle)

every Shabbos thereafter for rest of her life.2. Emergency situations:

a. Above penalty only if negligentb. Hospital, traveling, unusual traffic etc – no penalty

3. Candle lit by othersa. Machlokes about whether penalty applies if guests in her

home light, or if she as a guest does not light but her hostess does light. Ask a Rav.

x. Where to light when eating away from home 1. When eating and sleeping in same place

a. B/c Hadlakas neiros is incumbent on the house, it is fulfilled when anyone in the house lit only one candle for Shabbos. Thus, if familes spend Shabbos together at same home and table, only one woman req’d to light for entire group.

b. Nevertheless, minhag is for each married woman to light. However, only hostess uses usual # of candles. Guests light only two.

c. Question whether bracha if room already filled w/ lit candles, so ideal for each woman to light in a different room. If not possible, all light at Shabbos table.

2. When eating in one location and sleeping in anothera. Ideal light at Shabbos table or at least in same room

i. Thus fulfill 3 principles: Kavod Shabbos, Oneg Shabbos, and Shalom Bayis

ii. If not possible, may light anywhere in house where will derive benefit (Shalom Bayis)

b. However, question remains re: status of family eating and sleeping in different places. Which of 3 principles takes precedence?

i. Where you sleepii. Reason: host family presumably already lit where

you are eatingiii. Be sure to derive benefit from candles lit in apt, so

use extra long candles. If not possible or concerned will return too late, then woman should stay after dark to enjoy. If this too is impossible, light where eating.

xi. Lighting after it is too late – NEVER1. Confused priorities2. Lighting after sundown is full-scale Chilul Shabbos, woman will still

need to light an extra candle, and cannot benefit from light anyway b/c may not benefit from Melocho done on Shabbos

d. When Most of a City aceepts an “early Shabbos” i. Then all residents subject to earlier time, even if against their express will

ii. Based upon obligation of Minhag HaMakomiii. Takes effect when congregation comprising most of community says last

verse of L’cho Dodiiv. Even all Rabbinic restrictions take effect, and so more stringent than early

Shabbos accepted by individual or minorit groupv. Does NOT apply if more than one shul b/c different customs obviates

principle of Minhag HaMakom

1. Thus, early Shabbos by larger shul is considered individual, and not communal, acceptance

e. Early Shabbos in the Summeri. Residential communities – if more than one shul, no obligation

ii. Camps / Bungalow colonies – city w/ one shul if only one official minyan1. Commuter arriving late would need to leave his car and belongings

outside the camp grounds ***2. Some Poskim say Compuslory Acceptance only applies if early

Shabbos is accepted for sake of Tosfos Shabbos, and not if accepted for convenience sake. Even so, incorrect to openly drive into camp

f. When One’s Shul Accepts early Shabbosi. Even regular member NOT obligated if choses not to daven that week there

g. Members of family (wife and children) on Early Shabbosi. Household members are independent of each other

ii. However, if man accepts Early Shabbos for sake of Tosfos Shabbos, and not for convenience, then whole household is bound b/c his action is Minhag

iii. If man accepted early for convenience, questionable whether wife can do Melocho for him (generally otherwise acceptable)

F. Conclusion of Shabbos – halachic doubt as to when “night” occursa. Emergence of Three Stas (“Tzais”)

i. Precise moment of night in doubtii. Absolute Night when 3 average size stars appear

1. Some Poskim – 40 mins after Sh’kiyoh2. Others say 72 mins. May also depend on time/place3. Igros Mosher – 50 mins in NY

iii. All agree: do not hurry to end Shabbos. Proper to honor Shabbos by delaying departure

iv. Be most reluctant to rely upon lenient views

b. Bain Hashmashos on Shabbos afternooni. Leniencies of B”H erev Shabbos do NOT apply to Shabbos afternoon

ii. In difficult situations where non-Jew needed to do Melocho, ask Rav

c. Havdallahi. As part of mitzvah of Kavod Shabbos, Torah requires one to make verbal

expression of sanctity and holiness of Shabbos both at commencement and conclusion. Kiddush, and Havdalah.

ii. Basic Requirement for Havdalah -- Simple, informal verbal expression: technically fulfills for both Kiddush and Havdalah

1. Just saying “Good Shabbos” according to some Poskim2. Boruch Hamavdil bain Kodesh L’chol

iii. Havdallah on Wine -- Chazal elevated both Kiddush and Havdallah

iv. Requirement of Havdallah for Women 1. Are Women Obligated?

a. Yes, re: most Poskimb. No, some Poskim say women are exempt and should NOT

make their own. Thus, women should try to hear from man.

2. Shoma’ya K’Oneh (listening is like reciting)a. One obligated in a braca can be yotzei by listening to

another adult who is reciting for the Mitzvah (and has listener in mind)

3. Shoma’ya K’Oneh requirementsa. Listener must hear and listen to wordsb. Hearing – audiblec. Listening – concentrating on meaning. If daydreaming, not

yotzei mitzvah

4. If woman missed Havdalaha. Husband should NOT repeat for her (l’chatchilla it seems)b. Wife should try to hear Havdallah from a man who did nont

yet fulfill for himselfc. If cannot hear from a man, she should recite for herself and

even drink wine. i. (anxieties about this custom are groundless and

mitzvah’s merit will protect)ii. However, if she prefers, she can ask a child 5 years or

older who also has not heard Havdallah to listen to her Havdallah and child may drink.

iii. Some poskim say woman should skip brocha on Aishd. Not proper to hear Havdallah by phone

d. Melocho before Havdalahi. “Sanctity of Shabbos does not completely depart until Havdallah”

ii. NO Melocho until Havdallah – however, not necessarily full formal version over wine.

iii. Attah Chonantannu – fulfills minimal verbal expressioniv. Woman – Baruch Hamavdil Bain Kodesh L’Chol

1. After, may do melocho until Havdallahv. Eating/drinking before Havdallah:

1. NOT permitted until proper Havdallah over wine 2. Prohibited after Sh’kiyoh, though meal in progress may continue

indefinitely3. Try to wash and commence meal before Sh’kiyoh. However if not

yet eaten 3rd meal or hungry, may still wash and eat as late as 20 mins past Sh’kiyoh

4. Except for water – no restrictionsG.

Chapter 9: The Consequences of Shabbos Transgression

I. Liability of Shabbos Desecration (Chillul Shabbos)A. Maizid punishable by deathB. Shogeg – sin offeringC. Today – other forms of Divine retribution, but means of tshuva not the same or as effective

II. Rabbinic Ban on benefiting from Melocho transgressionA. One may not benefit from melocho transgression, even if in error

1. One who planted on Shabbos may not benefit and plants must be uprooted2. Ban called “Ma’aseh Shabbos”

B. Two Levels of Ma’aseh Shabbos 1. Direct melocho effect

a) Where melocho causes direct benefit, or effects physical change, those benefits or results are forbidden to be made use of on Shabbos, and in some cases, even after Shabbos

2. Indirect melocho effecta) One MAY benefit from indirect benefit caused by melocho that did not involve any physical changes. This class of benefit is Halachically insignificant.b) Example : one turns on light in dark room and retrieves a sefer. MAY use that sefer because:

(1) Melocho-benefit is not direct (no melocho performed on sefer itself), and(2) No physical change

c) Example : non-observant guest arrives by car (from within Techum boundaries – see Hotzoa) after Shabbos, food/drinks brought may be used:

(1) no melocho done to food(2) no physical improvement(3) however, hosts should explain gravity of transgression and food won’t be used in future

d) Example : refrigerator light turns on when open door. May not close door, though may take food drinks because:

(1) No melocho done on food(2) No physical change

e) Still, proper to refrain b/c benefit resulted from transgression

3. Must not make determinations without consulting a Rav a) Example : man carried key through R’shus Harabim

(1) May NOT use key to unlock door even if reason that no melocho performed on the door or nor any physical change

b) Example : Jewish plumber repairs burst water pipe(1) Residents may NOT use water on Shabbos even if reason that no melocho performed on water

SECTION TWO: M’LECHES MACHSHEVESTHE GENERAL CONDITIONS AND EXEMPTIONS TO THE MELOCHOS

Chapter 1: The Meaning of M’leches Machsheves

I. Definition of M’leches MachshevesA. Calculate laborB. Skilled laborC. Prominent laborD. None really encapsulates the ideaE. Talmud uses phrase to describe broad range of conditions under which Melocho must be done to be considered Melocho M’deoraisa

1. Though almost invariably assur Rabbinically

II. Practical ImplicationsA. Even though MM does not permit Melocho,B. Combination of other Halachic factors may influence

III. Why Melochos are Subject to MMA. Lo Ta’aseh kol melochoB. Not only are 39 Melochos derived from Mishkan, but also manner of doing

IV. Categories and Principles of MMA. Machshava (thought/intent/calculation): absence of thought, intent or awareness

1. Psik Reisha (inevitable consequence)2. Davar Sh’aino Miskavain (possible consequence)

3. Melocho sh’ain Tzricha L’gufa (substitute purpose)4. Misassaik (Inadvertent Melocho)5. Kavana L’Melocho (Intent of Melocho)

B. Choshev (skill/dexterity/coordination): absence of skill1. Shinui (awkward, backhanded manner)2. Grama (indirect Melocho act)

C. Chashuv (significance/value/prominence): lack of signficance1. Mekalkel (destructive act)2. Aino Miskayim (temporary effect)3. Chatzi Shiur (incomplete measure)4. Chatzi Melocho (incomplete melocho)

Chapter II: Principles of M’leches Machsheves

I. P’sik Reisha (Inevitable Consequence)A. Any situation in which Melocho will B. unintentionally, but inevitably occur C. as a direct result D. “Severing the head” – one who desires the detached head of chicken although he does not need the animal to die

1. Dragging chair through wet soil (Choraish)2. Washing hands over lawn (Zoraya)3. Combing hair (Gozez)4. Stepping knowingly on a swarm of ants (Shochait)

E. FULLY LIABLE SHABBOS ACT1. Inevitability is equivalent to full Halachic intent2. Acting w/ knowledge of inevitable result “constitutes to some degree an acceptance of that result”

F. Different Forms of P’sik Reisha Form Definition

1. Karov L’Psik Reisha

Occurrence of secondary Melocho act is not absolutely inevitable, but highly probable

Opening window on windy day opposite a lit candle. Prohibited even though extinguishing is not a certainty

According to some Poskim, same as P’sik Reisha

2. Psik Reisha D’lo Nicha Lei

Where the inevitable secondary act is not desire or needed

Washing hands over someone else’s lawn. No personal benefit to him

Some permit, though most ossur d’Rab.

3. P’sik Reisha al

Unintentional secondary act caused indirectly

Pouring soiled water into yard, which eventually rolls

Opening fridge door. Chain

Yadei Grama into streets (hotzoa) – permitted b/c:a.no desire to roll out of yard and b. actual flow is indirect

reaction – open door, draws in warm air, thermostat triggers motor

4. Psik Reisha al Yadei Akum

Non-Jew performs Melocho for Jew through P”R.

Ask non-Jew to drag chair across wet soil, even though know it will plow lines

Permitted! (in most cases)

Psik Reisha Al Yadei Akum – EXAMPLESa. forgot to remove fridge light. May ask non-Jew to open (and close) door even though will def cause light to turn on/off. Same with an auto-fan on fridge that one forgot to disable before Shabbos.b. asking non-Jew to turn on hot water. Permitted even though will inevitably cause cold water to enter boiler and become heated.c. if needed item left in car, may ask non-Jew to retrieve it even though will cause car light to turn on/off.d. if left T’fillin in car, may be allowed to ask non-Jew even if no eruv b/c regular Amira L’Akum allowed b/c protecting sanctity of T’fillin is for mitzvah. i. same with Shabbos food left in car5. Psik Reisha on a SINGLE Rabbinic Prohibition

Secondary act is an issur d’Rabbanon

1. cannot close small chest if def flies inside, even though only Tzod d’Rabb.2. cannot drag chair over soft soil, even though only Choraish d’Rabb. (b/c shinui)

NOT permitted

6. Psik Reisha on a DOUBLERabbinic Prohibition

G.