/
RSS Feed
We are beginning siman 1. The Chayei Adam writes that if a person ties or unties a knot which meets both criteria–that is, it is a kesher shel kayama (a lasting knot, an issue of intent), and it is a maaseh uman (craftsman-grade knot, an issue of physical function)–they are chayav mideoraysa. The Chayei Adam brings the examples given in the mishnah, which are knots for camels and for ships. When it comes to a ship, when the sailors wanted to tie their boat to the dock, they would need a rope that was connected to the ship which they could tie and untie from the dock. They would make a hole in the ship, in order to run a rope through it, and in order to loop the rope into something, they would tie a knot into it. A second rope would be looped through the first rope, which could then be attached to the dock. The intention was for the first rope and knot to remain permanent, and the craftsmanship was permanent( i.e., it was a knot which wa crafted to be able to last permanently), so it is assur mideoraysa.
Similarly, when it came to a camel, they would loop a rope through a hole in the camel’s nose, and then loop a second rope through the first one. The second rope was tied and untied to various items, and the first rope was permanently tied to the camel’s nose.
Other examples are the knots made to tie together shoes. They would tie permanent knots to attach the shoe straps to the body of the shoe, so they had both the intention and craftsmanship of being permanent.
According to the Rambam, in order to be chayav mideoraysa, the knot has to be made with intent to leave it permanently, and it has to have craftsmanship to it, meaning that it is made in such a way that it could last permanently. According to Rashi, the only criteria is that it be made with the intention to be permanent. In these cases, both opinions are fulfilled, so according to both Rashi and the Rambam, these cases will be chayav.
The Chayei Adam continues. He quotes the Beis Yosef, which brings an opinion that a knot which one plans to leave for a “long time” is also considered a kesher shel kayama. In other words, kesher shel kayama does not have to mean that the intention was for the knot to remain permanently, but just that it remain for a “long time”. There is a machlokes how to define a long time, with the minimum amount being six months.
Regarding defining a kesher uman, the Rema says that even if the knot is something that does not require expertise to create, if the nature of the knot is that it can last, it inherently meets the criteria for a kesher uman. The Chayei Adam will discuss this point further in the upcoming shiur, be’ezras Hashem
Summary
- According to the Rambam, to be chayav mideoraysa for koshair, the knot must be a kesher shel kayama and a maaseh uman. Rashi only requires the first criteria.
- According to some opinions, kesher shel kayama does not have to mean permanent, but just that it will remain for a long time. There is a machlokes as to the definition of a long time, and the minimum opinion is six months.
