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39 Melachos
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Amira Laakum


Another point to explain, is that when “Chayav” appears in our explanation of the lamed-tes melachos, it refers to chayav if done on purpose and stoning if warned. On purpose, a melacho is chayav kares {death from heaven}r, by accident a chatas kevuah. An issur deoraisah cannot be done by asking a goy to do it for you. However, in a case of great need, a case of a necessity for the public, for the needs of a sick person, to warm the house during the winter in the countries of the north, to light a candle for the Shabbos meal, the needs of a circumcision, the needs of a wedding, [siman 276 2,5]to tie a string that is broken for an eiruv, to build a Bais Kenesses on Shabbos because you are worried about a delay, then, even if it’s for pay by the hour if he doesn’t want to be paid by the job, it’s permissible for a goy to build on Shabbos. In all of these cases it is allowed to ask a goy to do them on Shabbos. [ look at Eliyahu Rabba siman 276 sif kattan 10, Eishel there sif kattan 8 and Tosfos Shabbbos there] Ossur, however, is only an issur de’rabbanan, and can be done through a goy if slightly sick, for a mitzvah, or a loss, because it is only an issur de’rabbanan, shvus dshvus . [siman 307 sif 5 Magen Avraham there says that not all issur derabbanan shvus are equal] [Baruach Yitzchak {the son of the Tifferes Yisrael} says Chazi Shiur half the size of a melacha is Biblically prohibited as all prohibitions but you are not chayav – as Rashi Shabbos 74.- lok at Teshuvos Chacham Tavi siman86 that maybe regarding Shabbos Chazi Shiur is only rabbinical]




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