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We are continuing in siman 12, and will continue our introduction to schita from clothing and garments. We learned that there are two concerns, one being dosh and the other being melabein. Yesterday, we learned about the concern of dosh and today we will discuss melabein.
Regarding melabein, there is a machlokes rishonim whether the issur of melabein applies when liquids other than water or white wine are involved. Thus, for example, if orange juice spills on a tablecloth, there is a machlokes rishonim whether melabein would apply. Tosfos in Kesubos brings the Ri, who holds it is still considered melabein, since even the non-water liquid which is squeezed out will still cleanse the garment to some extent. Additionally, squeezing the garment results in less liquid remaining in the garment, so there is also an element of melabein in that sense. On the other hand, Rabbeinu Tam holds other liquids to be making the garment dirty, and therefore the opposite of melabein, as opposed to water, which inevitably cleans the garment once it dries. Either way, there will still be an issue of dosh.
Practically, if one squeezes a garment which is soaked in water, if they squeeze out the water in order to use the water (such as for cleaning), they will transgress both dosh (more accurately mefareik) and melabein. If one squeezes out other liquids to use them, we follow the psak of Rabbeinu Tam, that there will not be an issue of melabein, but there will still be an issue of dosh.
If one squeezes a garment which is soaked in water in order to discard the water, there will be no issue of dosh, but there will be an issue of melabein. If one squeezes out other liquids to discard them, there will be neither an issue of dosh nor of melabein. It will still be assur miderabanan.
With these introductions, we will begin the Chayei Adam.
The Chayei Adam writes that one will be chayav for the melacha of dosh for squeezing out a garment which absorbed wine or other liquids. Therefore, if a barrel or container broke, it is assur to place a garment to absorb the liquid which is falling out in order to squeeze the liquid back into another container. Although soaking is not inherently a melacha, Chazal imposed an issur to soak up a liquid as a gezeira in concern that one may end up performing schita. Even if one intends to wait until Motzei Shabbos to perform the schita, it is still assur to soak up the liquid, out of concern that one may nevertheless change their mind and perform the melacha of dosh on Shabbos itself.
We will discuss the cases of squeezing liquid which will be discarded in the upcoming shiur, be’ezras Hashem.
Summary
- There is a potential issur of both dosh and melabein when squeezing out a cloth.
- If one intends to discard the liquid:
- If the liquid is water, squeezing the item will be considered melacha she’eina tzricha legufa in regards to dosh and assur mideoraysa in regards to melabein.
- If the liquid is not water, squeezing the item will be considered melacha she’eina tzricha legufa in regards to dosh and assur miderabanan in regards to melabein.
- If one intends to use the liquid:
- If the liquid is water, it will be a melacha deoraysa to squeeze it, both in regards to dosh and melabein
- If the liquid is not water, it will be a melacha deoraysa to squeeze it in regards to dosh, but assur miderabanan in regards to melabein.
