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Dosh 38 – Schita on Clothes 3 (Klal 14 Siman 12) Hilchos Shabbos – S0400

D'var Halacha
D'var Halacha
Dosh 38 - Schita on Clothes 3 (Klal 14 Siman 12) Hilchos Shabbos - S0400
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  We are continuing in siman 12, where the Chayei Adam is discussing squeezing liquids from cloth and garments. We last discussed the scenarios where a person is squeezing the cloth for the purpose of using the liquid. We learned that if the liquid is water, it is assur mideoraysa to squeeze it, both in terms of the issur melabein and issur dosh. 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.  
  1. The Chayei Adam continues, and writes that when a non-water liquid will be discarded and the liquid spills onto a piece of wood or other non-absorbent vessel (as opposed to a cloth), it is muttar to absorb the liquid into a cloth. Since the person has no interest in retrieving the liquid, we do not make a gezeira against absorbing the liquid out of concern that one will subsequently squeeze the cloth.
  2.  This scenario contrasts with the cases we learned yesterday, where the person is absorbing in order to keep the liquid. In those cases, Chazal instituted a gezeira against absorbing the liquid out of concern that one will end up squeezing out the cloth on Shabbos. Over here, the Chayei Adam holds that since one plans to discard the liquid, there would be no melacha deoraysa of dosh involved in squeezing the liquid, and there is no gezeira derabanan against absorbing it out of concern for squeezing.
  3.  Nevertheless, should one transgress and squeeze it, it would be an issur derabanan.
  It is important to note that the Chayei Adam understands that when it comes to liquids other than water, there is no issue of melabein. Therefore, the only issur under consideration in this case is dosh. We learned yesterday that not all poskim agree to this point.  
  1. The Chayei Adam adds that squeezing out the liquid absorbed in this case is assur (even though it is being discarded), and is not comparable to siman 5, where he wrote that it is muttar to squeeze out excess liquid from pickles and the like where the mashkeh is being discarded. Over there, Chazal did not institute a gezeira against squeezing, because they understood that squeezing the pickle was a Shabbos need in order to eat the food. Over here, there is no Shabbos need to squeeze out the garment, so they made a gezeira to protect a person from performing schita. 
 
  1. The Chayei Adam continues, and writes that if water spilled onto the piece of wood or vessel, it will be assur to absorb the liquid. This is because there will be an issur of melabein to squeeze the cloth, even if one plans to discard the water which is squeezed out. Therefore, Chazal instituted a gezeira against absorbing the liquid in the first place, in order to avoid transgressing the issur of melabein if it were to be subsequently squeezed.
However, the Chayei Adam clarifies that this issur will depend on the type of item used to absorb the liquid.
  1. a)  If it is the type of cloth which normally remains waterlogged, such as a cleaning cloth, Chazal did not extend their gezeira, because they are not concerned one will feel compelled to squeeze it out on Shabbos. Therefore, it would be muttar to absorb the liquid. 
b)If it is a cloth which one would care about it being wet, we are concerned one will squeeze out the water, so it is assur to even absorb the water in the first place. 
  1. The Mishnah Berurah points out that the Taz paskens that white wine functions like water for these halachos.
  2.  There may be a concern of tzoveya as well, which we will clarify in the upcoming shiurim, be’ezras Hashem.
  Summary When liquid spills onto wood or other vessel, and the person is not attempting to retrieve the liquid:
  • Liquids other than water can be absorbed, but cannot subsequently be squeezed out
  • Water can be absorbed with a cloth which a person does not mind will remain waterlogged throughout Shabbos, but cannot subsequently be squeezed out.
  • Water cannot be absorbed with a cloth which a person does mind that it will remain waterlogged throughout Shabbos, and certainly cannot subsequently be squeezed out.

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