D'var Halacha

  We are beginning siman 5. The Gemara gives a caveat to the heter of davar she’eino miskavein, and says that even Rav Shimon agrees that a case of psik reisha is assur. Psik reisha literally means to cut off the head, and is used by the Gemara to mean something inevitable. Thus, the Chayei […]

    We are continuing in siman 4. Yesterday, we learned an introduction to the concept of davar she’eino miskavein, and today we will begin the siman. The Chayei Adam writes that in order for one to be chayav in melacha deoraysa, one must have intention to perform the melacha. However, if one does not

  We are beginning siman 4, which we will learn together with siman 5 and 6. We have a concept in halacha called davar she’eino miskavein. This machlokes is not limited to Shabbos, and applies throughout the Torah. When a person performs an action and it can result in an unintended aveirah albeit that there

We are continuing siman 3, and left off discussing scenarios where one only keeps melachos deoraysa and how that affects the atmosphere of keeping Shabbos. It is a background to the idea we learned from the Rambam and Ramban, that Hashem gave Chazal a mandate to create a Shabbos atmosphere, because when one does not

  We are continuing siman 3, where we left off learning about issurei derabanan. When it comes to Shabbos, issurei derabanan are referred to as a shevus, rather than simply a derabanan. The Rambam and Ramban understand that they have a different name because they are more significant than a “standard” issur derabanan. It is

    We are continuing siman 3. We have learned about avos and toldos, both of which are deoraysa. The Chayei Adam writes that there are also actions which are not toldos, per se, but which people will perceive as parallel enough to an av to be similar to it, and if they are allowed

    We are continuing siman 3. Yesterday, we learned some of the concepts of this siman, and today we will read them inside. The Chayei Adam writes that the list of melachos discussed previously (siman 1) are avos. Other actions which are parallel to them are toldos. Whether a person transgresses an av or

  We are beginning siman 3, where the Chayei Adam discusses the concept of avos and toldos. The Torah tells us that we cannot do melacha on Shabbos, and also writes, right afterwards, that we cannot build the Mishkan on Shabbos. Thus. Chazal conclude that the melachos involved in making the mishkan are those prohibited

We are continuing in siman 2, where the Chayei Adam is discussing melachos performed with a shinui or ki’lachar yad. We left off discussing the definition of shinui, and learned that the result must be less than optimal, or even if the result is the same, the performance of the action is in some way

  We are continuing in siman 2, where the Chayei Adam is discussing melachos performed with a shinui or ki’lachar yad. We learned that the concept of shinui is part of the concept of meleches machsheves. In general, the principle by shinui and ki’lachar yad is that even if one is not chayav mideoraysa, it

We are continuing in siman 2, where the Chayei Adam is discussing melachos performed with a shinui. We left off learning that a melacha performed in a not-normal fashion is not chayav. The Chayei Adam gives some examples: Digging a hole, which is the melacha of choreish, is not chayav mideoraysa until one uses a