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We have finished Klal 9. The purpose of this Klal was to learn about broad klalim which come up regarding melachos of Shabbos. We will discuss a few other concepts not discussed by the Chayei Adam.
We will begin with the concept of mekalkel. One of the conditions for a person to be chayav mideoraysa for chilul Shabbos is that the action is constructive. An action which is destructive is patur. It is not muttar; we have learned that patur in maseches Shabbos refers to assur miderabanan (s293-294).
There are some actions which appear to be destructive, such as soseir, koreah, or mocheik. If so, they should not be chayav mideoraysa on Shabbos, and should not be included within the 39 avos melachos. The mishnah in Shabbos 73a addresses the melachos of koreah and mocheik and says that they are chayav mideoraysa when they are performed for the purpose of something else constructive. For example, if a garment was not sewn correctly, and a person performs the melacha of koreah in order to resew the garment, the destructive act is for the purpose of something constructive, so it is chayav mideoraysa. Similarly, if one is mocheik for the purpose of re-writing something, the act of erasure is positive because it contributes to the process of writing. The mishnah does not discuss soseir, but the Gemara says (31a) it must also be for the purpose of rebuilding. Thus, when the negative act is followed by a positive result, the negative act is considered constructive, and one will be chayav mideoraysa for it.
It is possible that a person will perform a destructive melacha which in and of itself is positive. For example, erasing a debt from a ledger is mochaik, but it is for the constructive purpose of negating the debt. Another example is an old proclamation which was folded on itself and sealed. The act of breaking open the seal is inherently how the proclamation is read.
Other examples include chovel (causing a bruise in order to draw blood) and shechita, which are both considered–in the bigger picture–to be constructive acts. The Gemara sees all of these cases as tikkun, constructive, and therefore one is chayav mideoraysa for them on Shabbos .
There is a machlokes Tosfos and Rambam whether a minimally constructive purpose is sufficient to be chayav, or whether one needs a significant constructive purpose. The Gemara applies this question to maavir, lighting a fire, for the purpose of creating ash, as well.
Summary
- One is only chayav mideoraysa when the melacha is constructive; if it is mekalkeil it is patur but assur miderabanan.
- A destructive melacha for the purpose of something constructive will be chayav mideoraysa, both whether the constructive purpose occurs inherently within the destructve action, or whether it will follow later.
