We are beginning siman 3. The Chayei Adam writes that cutting letters from a piece of hide or leather is included in the issur deoraysa of koseiv. However, rosheim, which is using a blunt instrument to make impressions in leather (without cutting it), is not chayav. The reason one is not chayav is because nothing was actually written through the reshima. That being said, if one presses even just a line into leather, but the line is meant to remain permanently, they will be chayav.
The Chayei Adam continues, and differentiates between leather, which is softer, and klaf, which is hard. The Taz holds that any impression made in klaf is not chayav, because the hard nature of klaf does not allow for an impression made on it to last. The Mishnah Berurah writes that, even according to the Taz, if one uses an implement which truly makes a permanent impression, one will be chayav. The Taz was referring to using one’s fingernails, which he holds will not create a lasting impression on klaf.
A practical application of this point is that if one is learning from a sefer, and they want to make a line next to the point which is important, it would still be assur to make an impression with one’s fingernail. Even though one does not create any letters, since the nature of paper is that such an impression will last, it is assur. This is known as rosheim b’tziporen.
Summary
Rosheim is the concept of making an impression on something without cutting it. If the impression will last, it is assur because it is similar to kesiva. A practical example includes making an impression with one’s fingernail into paper, as the impression will last on the paper.
We have finished siman 1, and need to clarify one point. The Chayei Adam wrote that reshima is chayav. The Gemara explains that reshima refers to making a symbol as a signature instead of writing one’s name. For example, Rav would make a picture of a fish instead of signing his name. This symbol is included in the concept of reshima, and one would be chayav for making it. Specifically, making two reshimos is the shiur chiyuv mideoraysa, and making one would be chayav due to the concept of chatzi shiur. Reshima is a toldah of koseiv.
In siman 2, the Chayei Adam writes that writing on one’s skin is included in the melacha of koseiv. The Gemara asks that the nature of the body is that, due to the natural secretions of the body, the writing will eventually fade, so the writing is missing the condition of miskayeim and should not be assur. However, the Chayei Adam explains that writing on one’s skin is comparable to writing which was erased due to external factors. In other words, if a person writes something in a permanent manner, if someone or something comes along and erases it, it is not considered aino miskayeim, because the writing was inherently permanent, just an external factor came along and erased it. In a similar manner, the writing on one’s skin is also considered inherently miskayeim, and it is erased only due to the external factors of the body.
There is a question which comes up regarding contemporary various forms of electronic writing. Most electronic devices are considered aino miskayeim, because the writing requires an electric current in order to keep it going. However, there are certain types of e-readers where the writing remains, even without electric current, until the page is refreshed. These types of e-readers are considered miskayeim.
The Chayei Adam continues, and writes that one who scratches into their skin is patur. The Gemara says it is a foolish thing to do, and brings a story of a person who went to Mitzrayim to learn their forms of kishuf. Since they would search each person as they left Mitzrayim to ensure they were not carrying out any of their formulas for kishuf, this person scratched it into their skin in order to bring it out. The Gemara tries to use this story as a proof that it is normal to write on one’s skin, but ultimately rejects it and concludes that it is not normal and therefore patur. (The Gemara also suggests that the person in this story was none other than Yeishu.)
In contrast, the Chayei Adam writes that if one engraves an entire letter into their skin, they will be chayav, because it has more permanence.
Summary
- Reshima is a toldah of koseiv and refers of making symbols instead of letters.
- Writing on one’s skin is considered koseiv, as is engraving. However, scratching is not considered koseiv.
- Most electronic writing is not considered miskayeim and patur. However, certain e-readers keep the text even without electronic current, and would be considered miskayeim.
/
RSS Feed
We are continuing in an introduction to Klal 37, the melacha of koseiv. In the previous shiur, we learned that combining letters to create words is not koseiv, because the melacha of koseiv is specifically creating the letters. However, there is a way to create letters which would mistakenly be excluded based on that definition. If a person has two half-letters (eg, letter “a” cut in the middle) it is koseiv to put those two halves together on Shabbos. A practical example would be if the page of a siddur is torn through the middle of the letters. Aligning the parts of the page in order to read it would be considered koseiv. Since it does not have permanence, it is not assur mideoraysa, but nevertheless it will be assur miderabanan.
This point was actually presented as a shaila to the Rema. If there is writing on the side of a sefer, when the sefer is opened, it breaks the letters (which would be mocheik), and when the sefer is closed, it creates the letters, which should be koseiv. The Rema responded that he feels it is not assur, similar to the reason why opening and closing a door is not considered boneh and soseir. Since part of the function of the door is for it to open and close, it is considered part of the function of the door rather than building or destroying the wall around it. Similarly, since the function of the sefer is to open and close it, it is muttar.
Other poskim disagree with the comparison. They understand that the use of a door is part of the nature of the building to which the door is connected. The writing on the side of the sefer is not part of the nature of the sefer, but happens to be there. The Mishnah Berurah concludes that it is preferable not to use such a sefer, but in a situation of need, one can rely on the opinion that it is not koseiv.
The Chayei Adam will address the use of pre-formed letters in siman 6.
A toldah of koseiv is making a picture. The same way that letters represent sounds and ideas, markings which are a representation are a toldah of koseiv. If so, assembling a jigsaw puzzle would fall under this toldah. We will discuss children’s puzzles in the upcoming shiur, be’ezras Hashem.
Summary
- The melacha of koseiv is specifically forming letters. This includes taking a printed or pre-formed letter which is currently in two pieces and putting the two pieces together, such as aligning the page of a torn siddur.
- There is a question whether it is muttar to use a sefer which has writing on its side that will separate every time it is opened. It is preferable not to use such a sefer but one may do so, if necessary.
- A toldah of koseiv is making a picture.
We are beginning Klal 37, which discusses the melacha of koseiv, writing. The source for this melacha is that the kerashim (the wooden beams) outside of the Mishkan would be labeled in order to identify that they were put back in the same place every time they were moved. This was done to ensure that the proximity of each beam to the kodesh hakodashim or the kodesh was not diminished. In order to keep track of each beam, they would put letters on each.
That being the case, the shiur chiyuv for the melacha is two letters, because they would identify which two beams went next to each other through one letter on each beam. Additionally, we learn from the way the letters were written that the shiur can be fulfilled even when the two letters are not on the same page, as long as they can be placed next to each other.
The melacha is both writing and creating a letter. Thus, taking pre-existing letters (eg, stickers, scrabble pieces) and forming them into words is not assur. There is a potential issur derabanan if one combines letters to make words in a way which has some amount of permanence, but otherwise, the melacha is primarily the actual creation of the letter. A letter can be created both through creation and erasure. For example, if one removes the middle connector in the letter ches, they have now created two zayins, so they would be chayav for koseiv.
There is a condition of kiyum, permanence, to the melacha. The melacha does not need to last forever, per se. The Rashba explains that ink used for a document which a person would like should remain for a long time is considered kiyum. Therefore, the Mishnah Berurah assumes that one is chayav mideoraysa for koseiv even if they use pencil, because it can last a long time.
There is a concept of chatzi shiur assur min hatorah, that even less than the minimum is chayav mideoraysa. Therefore, even one letter is assur to write on Shabbos. The only exception is if one writes the final letter to complete something (eg, a sefer being written), where the significance of finishing the item is such that one would be chayav. This applies to corrections as well.
Summary
- The melacha of koseiv is the issur of writing and creating letters.
- The shiur deoraysa is writing two letters, even if not on the same page.
- The two letters can be written both through active writing and through erasure.
- The writing needs to have kiyum, some amount of permanence.
- Although the shiur is two letters, chatzi shiur is assur.
We have finished siman 3 and are discussing cutting toilet paper. We learned that, besides for the melacha of korea, the melacha of mechateich will apply if a person cuts the toilet paper to a specific size.
In the previous shiur, we learned the heter of amira l’achum to ask a non-Jew to cut the toilet paper. Although amira l’achum on an issur deoraysa is normally assur, Chazal made an exception to amira l’achum in this situation, due to the kavod habriyos at stake.
If a non-Jew is not available, Chazal permitted performing a melacha deoraysa with a shinui. Obviously, they cannot permit an issur deoraysa, but the shinui case is only assur miderabanan, so they permit that case due to the kavod habriyos involved. To clarify, the heter of kavod habriyos only applies to significant kavod habriyos issues, and the need for toilet paper after using the bathroom is assumed to be significant. Therefore, one may tear the toilet paper with a shinui. An example of a shinui would be to use one’s elbows to cut the toilet paper.
The next question is, once there is a scenario in which it is muttar for a person to cut the toilet paper themselves (with a shinui), is there a difference between cutting it on the perforations or between the perforations. Many assume that tearing on the perforations is cutting it to a specific size, which is mechateich. If so, they assume that even in scenarios where one is allowed to cut the toilet paper, one should avoid tearing it on the lines, so that they are only relying on the heter of kavod habriyos for korea and not for mechateich.
However, the argument is unnecessary. Tearing on perforations will only be a problem of mechateich when there is a benefit to that size. For example, the perforations on a tissue box allow for tissues to be removed while the box remains intact. Therefore, tearing on the perforations is chayav. However, the perforations on toilet paper are not significantly beneficial, as most people do not use only one panel of toilet paper for each use. The purpose of the perforations are purely financial, in that since people need more than one panel per use, they will use up the roll more quickly and buy more. (One of the ways we know the sizing of the perforations is not of significant benefit to the user is that the size of each toilet paper panel varies from company to company.) Therefore, it comes out that one does not need to be concerned for mechateich when cutting the toilet paper, because the perforations themselves are not significant.
In regards to the toilet paper roll itself being muktzah, the kavod habriyos aspect overrides that concern.
If one needs to open a box of tissues, they should open it in a way that it destroys the box, as the act of mekalkeil ensures there is no issue of korea. There certainly will not be an issur of mechateich.
Summary
In regards to cutting toilet paper on Shabbos, preferably, one should have a non-Jew tear it. If amira l’achum is not possible, one can tear the toilet paper with a shinui. One does not need to be careful to avoid tearing on the perforations.
In regards to opening a box of tissues, one should open the box in a way that destroys it.
We have finished siman 3, where the Chayei Adam introduced the concept of ain mechateich b’ochlin, mechateich does not apply to food. We will clarify a few more points about this concept.
- Cutting pills. We learned that the reason mechateich does not apply to food is because the chashivus of cutting something is to use it for a future, significant action. Therefore, the concept does not apply to food, which is cut and then immediately eaten. Rav Shlomo Zalman extends this idea to cutting pills. A person who needs to take medication on Shabbos, but it is not life-threatening, can cut the pill, because it is immediately consumed (Shemiras Shabbos Kehilchasa).
- Toilet paper. If a person does not have precut toilet paper or tissues, they will encounter the issur of mechateich when they cut it to a specific size, and koreiah fire just cutting in general. It is important to understand that for kavod habriyos, the need for a person to cut themselves, Chazal lifted many of their issurim. For example, although amira l’achum in this case would be amira on an issur deoraysa, which is generally never permitted, Chazal permit it in this case. So one suggestion is that they can ask a non-Jew to cut the toilet paper.
- There is a discussion whether it is muttar to cut pills on Shabbos or not; one should ask their rav
- Regarding cutting toilet paper, one suggestion is to instruct a non-Jew to cut it. We will discuss toilet paper further in the upcoming shiur, be’ezras Hashem.
