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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 have discussed the concept of intent impacting the status of melacha, and now we are discussing grama.
We are discussing the concept of grama. We left off discussing the definition of grama, and the concept of aisho mishum chitzav. We diverged to understand the role aisho mishum chitzav plays in nezikin, and today we will see how it applies to Shabbos.
We need to discuss a Gemara in Bava Kamma, 60a. The Gemara discusses someone who is patur from paying due to the wind being involved in the process of making the fire. The Gemara asks why this case is different from zoreh on Shabbos. Zoreh is winnowing, the process performed after threshing the wheat. Once the wheat kernels have been broken off of the stalks, the wheat is thrown into the air, and the stalks (also known as chaff) blow away, allowing the kernels to fall directly to the ground. The Gemara discusses how zoreh is different from borer, and explains that zoreh is different because it employs use of the wind. The Gemara asks that if one is chayav on Shabbos for using the wind, why is one patur when it comes to nezikin damage caused through wind.
The Gemara gives four answers to this question, and the final answer, given by Rav Ashi, is that meleches machsheves asra torah. In other words, zoreh is enough of a grama that it will not be chayav due to aisho mishum chitzav. Nevertheless, one is still chayav for zoreh on Shabbos, because meleches machsheves asra torah, the fact the person had intent for the melacha makes them chayav.
This idea is novel, whereas generally we discuss meleches machsheves in the context of cases where an action does not meet the criteria of meleches machsheves and it makes one patur, here, we use meleches machsheves s a source of chiyuv. This is seemingly a new idea, which is the opposite of what we have been discussing until now.
We need to clarify whether the fact that meleches machsheves creates a chiyuv for zoreh is unique to the melacha of zoreh, since zoreh definitionally requires use of wind, or whether it is a general rule for all melachos. In other words, once we see that meleches machsheves can cause a grama-level action to become chayav (even though grama is inherently patur on Shabbos), maybe we should apply this concept to all other melachos, and any action which we otherwise thought is not chashuv enough to be considered melacha (shinui, misaseik, etc.) could potentially be changed into chiyuv through meleches machsheves.
The Rosh understands that this chumra of meleches machsheves making zoreh chayav is unique to zoreh, since zoreh definitionally requires use of the wind, meaning it definitionally requires a grama action to perform the melacha. Other melachos, which do not inherently require a grama action to perform them, will be patur when they are performed through a grama, even if there was an element of meleches machsheves in their performance.
Other rishonim disagree with the Rosh. The Ran and Rashba discuss a case of kesiva performed by removing something. This can either refer to where there is a splotch of ink and a person removes the ink until they have created the letter they planned to write. The other possibility is that one changes a letter into another letter, such as removing the end of the daled to passively create a reish. The Gemara refers to this type of writing as chak tochos. We normally assume that this is not kosher for a sefer torah, but is chayav on Shabbos. However, the Rashba writes that if it is chayav on Shabbos, it must be a valid form of writing, and therefore works for a Sefer Torah as well. The Ran disagrees, and writes that it is not valid for a Sefer Torah, but on Shabbos it is chayav because it is meleches machsheves. Thus, we see the Ran applies the idea of using meleches machsheves to generate chiyuv in another place other than zoreh, and if so, our question should return. We will discuss this concept further in the upcoming shiur, be’ezras Hashem.
Summary
- Grama is the concept of indirect action. It is possibly assur miderabanan on Shabbos, even though in other places it is assur mideoraysa.
- Aisho mishum chitzav is the concept that one is chayav for nezek caused as a result of harnessing an already existing koach, even if the person themselves did not create that energy.
- Meleches machsheves can sometimes be a source of chiyuv on an action which otherwise should be patur.
