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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 the concept of melachto miskayemes, that melacha must have a certain level of permanence to it. A melacha which is aino miskayeim, which does not have permanence to it, is not chayav.
There are two types of aino miskayeim. One is that the melacha is performed in a temporary manner such that the result will not last on its own accord more than a certain amount of time. A second type is a melacha which would last but the person intends for it not to last, such as a structure built for a few days or a knot which one plans to untie. Both of these are part of the concept of aino miskayeim, and they have different halachos.
We also need to discuss the melachos to which aino miskayeim applies. The Gemara talks about miskayeim in the context of tofair and keshira. In tofair, the aino miskayeim in question is the first type, where the melacha is inherently temporary. The Gemara also discusses miskayeim in the context of keshira, where the melacha could last but one expressly intends for it to be temporary.
The Gemara also talks about miskayeim in regards to boneh. However, there is a machlokes Rashi and Rambam about how to understand the mishnah. The Mishnah Berurah understands that, according to the Rambam, the mishnah discusses miskayeim and binyan.
The Yerushalmi expressly discusses boneh le’shaah, temporary building, and says that the source for the melacha of boneh is the mishkan, from the fact that the mishkan was disassembled and reassembled. Thus, the Yerushalmi concludes that even non-permanent binyan is chayav for boneh. The Yerushalmi learns from the mishkan that there is a type of boneh which is not inherently unstable, but is created for the purpose of not remaining permanent, and that such a binyan is chayav as well. On the other hand, it would seem that something which is inherently an unstable binyan (the first type of binyan describe above) would not be chayav for boneh.
The Rambam applies the halacha of aino miskayeim to tzoveya, dyeing. The Magid Mishneh explains that there is no Gemara which states as much, but when the Mishnah regarding boneh states that “melacha performed on Shabbos which remains is chayav”, the Rambam understands that it applies to all melachos, and not just to boneh. The Mishnah is not discussing the second type of aino miskayeim, but we will discuss this further in upcoming shiurim, be’ezras Hashem.
Summary
- Miskayeim is the requirement that melacha must have a certain level of permanence to it in order to be considered meleches machsheves. If it is aino miskayeim, one is not chayav.
- There are two types of aino miskayeim, where the outcome is inherently non-permanent, and where the outcome is stable enough to be permanent but the creator plans for it to last for a temporary amount of time.
- The gemara clearly applies to kosheir, tofeir, boneh and kosaiv.
- The Rambam extends it to all melachos.
