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Choresh


2 Ė Choresh- Anyone who plows a little bit [the reason the Tanna put zoreiah before plowing is to say if the land is hard and after the first plowing you seeded and plowed again you are still chayav for plowing also the second time] is chayav. If someone plows, digs, creates a groove, flattens a mound flatten, fills in a hole and made it smooth, if he does any of them in a field he is chayav because of choresh. [if he does it in a house [[ Baruch Yirzchok adds a chotzer]] heís chayav because of boneh] The Toldos subcategories of choresh, since the tachlis of choresh is to loosen the soil or to make the soil better therefore any action that you do that is similar to these two cases, if you donít do the action to the ground itself, then itís considered a subcategory of choresh. If you soften the ground around a tree, pull out grasses[ meaning taking the dried leaves from the attached ones],fixing vines[meaning cutting branches that are wet from the main trunk], if your intent was to help the ground or to loosen it, then itís considered a subcategory of choresh and you are chayav.[gemara] If you fertilize a field, take out the stones, break up the clods, or fertilize the field [meaning pasturing sheep on a field that they should fertilize it] then you are chayav25 a toldah of choresh.26 [Yerushalmi of our perek]Itís forbidden to go to the bathroom in a plowed field, because you might take a rock from a pile of stones to wipe yourself, and then throw it into a hole filling it this done outside is choresh, and if done inside it is boneh. [Shabbos 81] Even so, it wasnít prohibited to go to the bathroom in a house that has a dirt floor because of this problem, since itís not usual to go to the bathroom on the floor of a house, and, therefore, the Rabbanim didnít prohibit it. [Magen Avraham siman 312 sif kattan 9] Also, it appears to me, that in a house there are other things that can be used instead, and is therefore like a safek sefeika, a questionable issue on a questionable issue.26* It is ossur to move sand or dirt in a field, or even to move them there from another place. [Magen Avraham siman 498 sif kattan 32] However dirt or sand in a house [even without a real floor] [look later in the laws of spreading out dirt at the end of siman 34] that wasnít spread out and was placed in a corner are mutar to move or use for your needs, such as to spread them to beautify or to cover spit or excrement. Even so, you must be careful not to create a hole in the dirt, but take some dirt evenly. If, on the other hand, the sand is so fine that it automatically pours into any hole and fills it, then you donít need to be careful in that case. [308 & 498] Since if you have smoothed the holes, you are chayav on it in the house or in the field as we said before therefore mud that is on your shoe can be scraped off with a beam or with a piece of wood that is part of the wall but it should not be done on the ground lest you fill a hole with intent. Also, you should not scrape on the wall in the place where it is built with mud since you might add to it. [302] A piece of metal thatís in front of a house for people to scrape their boots on, if its wide in order that it shouldnít peel the leather, the Mahariíls custom was to permit it, but you should be stringent when possible. [Magen Avraham sif 2 sif kattan 17] Spit can be stepped on unintentionally, as long as you didnít intend to level the ground, youíre patur. Since it is not certain in the first place that you will level the ground, they didnít institute that you might forget and smooth the ground, similar to before, also since itís disgusting they were lenient. [Magen Avraham siman316 sif kattan 25] A courtyard that was ruined by rain can have straw or other things thrown into it if he doesnít intend to leave them there. However, dirt or sand even if you brought it in the house to use and they are not mukztah, itís as if you were adding to the building or leveling holes and it is ossur. On the other hand if he did not intended to fix the courtyard, just beautify it for a time or to cover something repulsive, even with sand or dirt it is permitted to cover the courtyard. [the end of siman 313 and the Magen Avraham and Eishel there] It is forbidden to completely empty out a storehouse because you might come to level it. [336 and look later perek 18] You are forbidden to clean out totally a trough which is a utensil because it is similar to a trough that is attached to the ground which is forbidden to clean, since you might level it. [324 sif15]It is forbidden to play with nuts on the ground, but on a table it is permitted, as it wasnít ruled that a table is like the ground like we said before, since itís unusual to play with nuts on a table, the rabbanan allowed it, since its not similar to what the rabbanan instituted. [like Beitzah 18.] Without this you can not compare the decrees of the Chachamim one to another [Magen Avraham siman338 sif kattan 7] It is forbidden to place a heavy container on the ground since it could smooth out the holes. Even on a marble floor it is forbidden. [ 337 Eishel sif kattan 1] However a man can drag a bed, chair or bench even if theyíre big, but only as long as he doesnít intend to cause a furrow. On the other hand, if the object heís dragging is large and heavy enough that it will certainly cause a furrow, itís a pisik reisha and is ossur, even on a marble floor. [ 337 Magen Avraham sif kattan 1] It is forbidden to sweep a floor with a broom, even if itís smoothed by stones or beams. However, it is permissible for a non-Jew, even if there is no floor just ground, since the Chachamim were lenient for a non-Jew to do a pisik reisha. [253 Magen Avraham sif kattan 41]Also, using clothes, the feathers of goose or something soft, even if they cause holes, it is permitted for a Jew to sweep. [337]As well, it is permitted to splash the floor with water, as long as you donít intend to smooth any holes but rather to settle the dust. [ there]A turnip or radish buried in the ground which donít grow roots and part of them is uncovered, may be picked even if you move the dirt as there is no intent and it is damaging the ground you are pahtur. Even if it is a pisik reisha, since you donít have benefit from the hole and it is not your intention; that is why it is mutar according to all. [320 sif 18]27 However if they were buried in a house it is forbidden to pick them since in a house it is more likely to be smoothed for a persons needs. [311 Magen Avraham sif kattan 21This halacha only applies when they are buried in normal ground. However a radish or horseradish that was put in detached sand or earth from the day before, then since the dirt isnít mukztah, even if the radish is uncovered, it is mutar to uncover it and take it out. [308 sif 38] Even in detached earth it is possible to make a hole, if you do it in hard dirt or soft dirt and if you specifically make s hole, however here itís talking about a case where the earth is so soft that once you pick the radish, the earth flows into the hole and it becomes level. [Shabbos 113.]If it is hidden in mukztah earth or sand and it isnít uncovered, then you can stick a needle or spindle into it and pull it out, and allow the earth or straw to fall from it. [311 sif 9]28 If you donít have a needle or spindle, according to the Eliyahu Rabah, [259 sif 3] it is permitted to take it out by hand, but according to Aishel, [there sif kattan 5] you may not. How ever if the earth or sand is moist and picking the radish could create a hole you must be careful, but if it was buried in flour or fruits it is not possible making a hole. [498 Magen Avraham sif kattan 32] If a non-Jew took out fruits that were buried in a pit, then, if he took them out for himself or it opened by itself, a Jew may eat since itís not muktzah. Itís similar to if they were put into a locked box and it opened by itself. However, if it was taken out for the sake of a Jew, since the melacha was done for the sake of a Jew, it is forbidden to eaten until after Shabbos. [Magen Avraham at the end of simon 518]




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