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Merakeid 4 – Unintentional Sifting (Klal 18 Siman 3) Hilchos Shabbos – S0478

D'var Halacha
D'var Halacha
Merakeid 4 - Unintentional Sifting (Klal 18 Siman 3) Hilchos Shabbos - S0478
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  We are beginning siman 3, which discusses a scenario of unintentional merakeid. The Chayei Adam will give the example of one who wishes to transport a food item which has both small and large pieces. The smaller pieces are generally the unusable pieces, and the person wishes to transport the mixture in a sieve. The sieve is considered a kli shemelachto le’issur and is muktzah. However, even though it is muktzah, if one needs the item or the space which it occupies (tzorech gufo or tzorech mekomo), one can move it. Alternatively, if one needs to use the muktzah kli for a muttar usage, it is muttar to use it. For example, a hammer is a kli shemelachto le’issur, but it can be used to crack nuts. It is important to note that it is only muttar to use a kli shemelachto le’issur for a muttar purpose when one does not have a heter item to use instead. For example, in the case of the nut, one can only use a hammer if they do not have a nutcracker available. Returning to our case, the large sieve is a kli shemelachto le’issur, so, although it can be used for the heter purpose of transporting items, it can only be used if there is no other comparable kli available.    The Chayei Adam writes it is muttar to place food for an animal into a sieve, and pour from it into a trough. Even though the chaff may inadvertently become separated from the grain, it is muttar because the person does not have kavanah to separate.  Although we know that a davar she’eino miskavein is muttar according to Rav Shimon, if it is a psik reisha, even Rav Shimon agrees it will be assur. Thus, one possibility is that over here, it is not a psik reisha that the chaff will fall out. However, the Chayei Adam does not take this approach. In the Nishmas Adam, he explains that based on the language of the Gemara, the case is that it will inevitably happen and therefore it should be considered a psik reisha. However, he explains that it is muttar because it is a case of misaseik, which is not considered meleches machsheves.  The Nishmas Adam explains that true merakeid is only when a person actively shakes something in order to make it sort, or when a person pours something through a sifter. Here, the person is not involved in an action which is akin to merakeid, so it is a secondary, unintentional action.    The Chayei Adam raises the question why there is no gezeira against using a sifter to transport food, out of concern that it will bring a person to perform merakeid (gezeira shema yerakeid). In the Nishmas Adam, he writes that the Elya Rabba asks this question as well, and he explains since the food in question is for an animal, a person does not particularly care if the food is pure or not, so the concern that one will come to perform merakeid deoraysa does not apply.   In a similar vein, giving medication to an animal is muttar. Chazal only enacted the issur against medications for humans, who may come to grind the medicines. When it comes to an animal, one is generally less concerned for the well-being of the animal, and does not feel compelled to grind the medicines for the animal and will suffice themselves with the unground items. Therefore, a person can give medicine to an animal but not to a human (until they reach the threshold of nafal lemishkav). When it comes to using a sifter to transport food, a similar concept will apply.    Summary
  • A kli shemelachto le’issur can be moved letzorech mekomo or gufo, provided there is no heter kli available to use. 
  • Merakeid is defined as actively shaking or pouring something through a sifter. If something becomes sifted without the person’s active involvement, it is considered misaseik.
  • Therefore, a sieve can be used to transport food, provided there is no alternative, even though it may sort the food, because it is misaseik.

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