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Misaseik 6 – Not Fully Conscious Actions (Klal 9 Siman 8) Hilchos Shabbos – S0287

Siman 8 sponsored Anonymously as a zechus to keep Shabbos k’hilchasa, and parnassa for Malkitzedek ben Mazal Tov, Eitan Shmuel ben Runya Malka, Simcha ben Chaya Rivka and Dovid Yehuda ben Menucha Yehudis.
  We are continuing in siman 8, discussing the concept of misaseik. The concept of misaseik has taught us that one who is not fully aware of the action they are performing is not considered a shogeig. Shogeig refers to one who is fully aware of their actions but forgot some of the halachos relevant to them, while shogeig refers to when one is not fully aware of their actions. Rav Menashe Klein ztl suggests that there are two ways of turning on a light, one where a person consciously turns it on, and another where a person turns it on out of habit without real awareness of their action. In the second case, since the person was not fully aware of their action, maybe it can be argued that it is similar to misaseik. Once we understand that misaseik is an action performed without awareness, maybe we could argue that the concept of misaseik should apply to turning on a light without awareness. A case where a person leaned against a wall and turned on the light is certainly misaseik, because the person was leaning against the wall and the light turned on without his awareness. Over here, one could argue the person is essentially half asleep when they turned on the light. On the other hand, it could be argued that on some level of consciousness it was performed intentionally, and therefore it should be considered shogeig.  The Orchos Shabbos (perek 25) quotes Rav Elyashiv who considered this case a shogeig and not misaseik. On the other hand, if a person forgot to take out the light of a fridge and it turned on, it would be considered misaseik.   Regarding the halachos of maaseh Shabbos, the Orchos Shabbos is inclined that the knas should apply, like any other shogeig. In other words, maaseh Shabbos which is the result of a misaseik action is assur to benefit from on Shabbos. This is the opinion of the Oneg Yom Tov, a very chashuv sefer on hilchos Shabbos which was very popular 40-50 years ago but seems to be less used. He also brings opinions which disagree, so each person should speak to their rav.   Summary
  • Misaseik is understood to include actions without awareness whatsoever. If a person has some level of awareness, where they are performing actions out of habit, Rav Elyashiv held it is considered shogeig.
  • The knas of maaseh Shabbos may apply to all cases of misaseik; thus, one cannot benefit from the melecha performed as misaseik until after Shabbos, unless in cases of need, which will allow one to follow the opinion of the Gr”a.

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