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Miskavein


4 Ė Intent, You are not chayav on a melacho except if you intend for that action, on a specific object in the way that it is prohibited, in the right order. If you donít do one of these four things, you are patur [Biblically] but it ossur [Rabinicaly]. How so? If you intend to do it on an object and in the right way, but you do it on a different object and in the wrong way, like if you wanted to cut a detached vegetable but instead you cut an attached one, according to everyone it is misaseik {and is patur}. [Shabbos 72.] Certainly if both are permitted, that you had intent on doing a different action that is mutar and to a different object, such as if you intended to lift a knife and ended up cutting something attached to the ground while picking it up, it is surely misaseik and you are patur. [ibid] On the other hand, if you are intent on that object, that action in a permitted case but you do a forbidden case, such as if you intended to cut grass that you thought was detached but it was actually attached according to Rashi you are obligated in a korban, but according to the Rabbeinu Tam, this is also considered misaseik. [ibid] And not only that but even if you have intent on that object and a forbidden action, but you do a different melacho instead, like if you had coals that you were planning to extinguish but instead you caused them to burn, you are patur. [Krisus 20:] Also, if you are intent on an object and action but itís an ossur case, should you do it to a different object, such as if you tried to extinguish a candle but instead you extinguished a different one it is misaseik and you are puhtur. [Krisus 20.] [look at Tosafos Shabbos 72 and Sanhedrin 62 that says in the name of Rabeinu Tam that in this case you are patur] The Ravaad also agrees and according to the Rambam perek 1 in this case you are chayav.[ look at Kesef Mishna there and Lechem Mishba there] In addition, even if you are intent on two objects, and two different melachos, such as if there are two candles in front of you, one lit and one not, and you decide to light one and then extinguish the other, but you accidentally reversed the order and first extinguish one and then light the other, although you were intent on doing the two melachos, even so, you are patur. [Krisus 20.] Not only that but if you intended to do the same melacho to two different objects, but accidentally switched the order that you had intended, such as if you had two candles that are extinguished and you want to light the first one first and then the second, but you switched by mistake and do the first second and the second first, even though you had intent for the melacho, since you did not do it in your intended order, you are still patur. [look at Kesef Mishna and Lechem Mishba there and according to the Rambam you are chayav] If one has intent on doing something mutur and while he does it, he also does something ossur, there is a difference in what is the case. If itís possible to do it with out the issur, then even before the fact, itís mutur. Therefore a man can drag a bed, chair, or bench across the ground, if he wasnít intent on causing a furrow, and itís not necessarily going to cause a furrow. [Shabbos 29:] Similarly, if a man was walking on grass and is not intent on uprooting them, and it is not likely going to cause them to be uprooted. [Eiruvin 100:] However, if itís definite psik reisha that it will cause a melacho, meaning if itís impossible to do the mutur action without the ossur one, event though he didnít intend the melacho, he is still chayav chatos. Such as in a case where he pours water over seeds heís chayav because of zoreah [Moed Kattan 2:], and if a drinker is in a garden and he pours the remnants of his cup on the grass, even though he wasnít intending to cause the grass to grow, heís chayav since it is a psik reisha [ Orach Chaim siman 336 sif 6 ] All pisik reisha even if itís on a divrei rabbanan, are ossur. [ Magen Avraham Orach Chaim siman 314 sifkattan 5 ] Only in a case that he talked to a non-jew to do something on Shabbos, or he doesnít do the melacho directly, such as if he poured water out in the courtyard and afterwards it flowed into the reshus harabim, is it muhtur even though it is a pisik reisha. [ Magen Avraham Orach Chaim siman 314 sifkattan 5 and siman 253 sifkattan 41 ] Anyone who benefits from a melacho even though he did not intend to, such as if he poured water into his garden or the garden of his friend, but if he doesnít benefit from it, such as if you pour it into the garden of your enemy, you are only ossur dírabanan [Shabbos 103.] [therefore in the case of a safek you are muhtur.] According to the Aruch, any pisik reisha that you do not benefit from, is muhtur in the first place, you should be stringent. However, with other issurim, that are not of Shabbos, even the Aruch agrees that it is prohibited, since only on Shabbos does the Torah say are you not ossur except the melachos of intent meleches machsheves, and therefore all pisik reisha that you donít benefit from are permitted. [ Magen Avraham there]




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