More Applications of Meleches Machsheves – Introduction (Klal 9) Hilchos Shabbos – S0306

Sponsorships for the upcoming Klalim, which discuss the 39 melachos of Shabbos, are available. Please contact Rabbi Reingold for more information at rabbireingold@gmail.com or 301.996.5910

We have finished siman 11. In siman 12, the Chayei Adam discusses the teshuva and kaparah needed for chilul Shabbos. We will learn the siman outside. 

The concept behind this siman is the idea of teshuvas hamishkal, “weighed” tehsuva. It is the idea that charata and azivas hacheit is not necessarily enough, rather a person should do other things in order to achieve teshuva, such as fasting and tzedakah. In other words, one is “balancing” the physical benefit they received from their aveirah by physically afflicting themself. We do not practice this form of teshuva, but if one wishes to look at it, it is important to note from the suggestions of the Chayei Adam how seriously we take chilul Shabbos.

We have finished Klal 9. The purpose of this Klal was to learn about broad klalim which come up regarding melachos of Shabbos. Primarily, these are based on the requirement of meleches machsheves.

We are going to discuss four other points not mentioned by the Chayei Adam: 

1. Mekalkeil, that one is only chayav on a melacha when they do it in a manner which is constructive. If they do it in a manner which is not constructive and not beneficial, it will not be assur mideoraysa. It is still assur miderabanan, but will be muttar in certain situations of amira l’akum.
2. Miskayeim, that the melacha has to have some level of permanence to it in order to be chayav mideoraysa. For example, writing which will not last or a knot which is not permanent will not be assur mideoraysa.
3. There are some actions which completely lose their status of melacha without kavanah. For example, the Gemara talks about a person taking a splinter off a piece of wood to use as a toothpick. According to one tanna, it falls into the issur deorasysa of creating a kli. If one pulls off the piece of wood with no intention to create a kli, they are patur. The piece of wood is not a toothpick for which one is patur, but it is not a toothpick at all. 
4. Grama, that melacha performed in an indirect action is not assur mideoraysa. The gemara  derives this from the pasuk of lo saaseh, only asiya is assur, and grama is Muttar.  Additionally, some poskim suggest that a grama act is lacking in meleches machsheves. 

We will discuss each of these independently, be’ezras Hashem. They are available for sponsorship; please contact Rabbi Reingold for more information.

Summary

• There is a concept of teshuvas hamishkal, but we no longer practice it.
• Four other concepts regarding melacha which are not discussed by the Chayei Adam are mekalkeil, miskayeim, actions which lose their status of melacha, and grama. We will discuss them in upcoming shiurim, be’ezras Hashem.