D'var Halacha

  We are continuing in siman 8, discussing the concept of misaseik. We left off with a question regarding when the eruv is down and whether one must inform others that the eruv is down, or are those who carry unknowingly considered misaseik.    Rav Moshe Feinstein and Rav Ahron Kotler bring a proof to […]

    We are continuing in siman 8, discussing the concept of misaseik. We left off discussing the practical relevance of the concept of misaseik, and whether it only applies after the fact, after something has been done without intention. One relevance of this concept is the question of whether one must take steps to

  We are continuing in siman 7, and we last learned that although melacha she’eina tzricha legufah is derabanan, it does not enjoy the standard leniencies which apply to an issur derabanan. We learned (S277) that, according to the Rambam, melacha she’eina tzricha legufah is deoraysa, and would require a korban when transgressed b’shogeig. However,

  We are continuing in siman 7. We learned (shiur S277) that the Ran says that melacha she’eina tzricha legufah is more chamur than an average derabanan, because it is so similar to the issur deoraysa. One can see two people digging a hole; one person will be transgressing an issur deoraysa and the other

We are continuing in siman 7, where we left off with a question about the interface between melacha she’eina tzricha legufa and psik reisha. This question applies both to psik reisha d’lo nicha lei and to psik reisha d’nicha lei. The impetus behind the question is that the Gemara says that Rav Shimon agrees by

  We are continuing in siman 7, discussing the concept of melacha she’tzricha legufa and melacha she’eina tzricha legufa. The Chayei Adam gave an example of one who digs a hole for the purpose of the dirt rather than for the purpose of the hole.    The Chayei Adam gives another example of one who

  We are beginning siman 7, where the Chayei Adam introduces the concept of melacha she’eina tzricha legufa. This concept is unique to Shabbos, and Rashi explains that this unique halacha is a result of the concept of meleches machsheves.    The Chayei Adam writes that, according to the Rambam, a melecha she’eina tzriacha legufa

  We are continuing in siman 6, discussing the concept of psik reisha d’lo nicha lei. We learned that our accepted psak is that a psik reisha d’lo nicha lei is assur, and that we do not follow the Aruch.    The Chayei Adam continues, and writes that when it comes to psik reisha by

  We are continuing in siman 6, discussing the concept of psik reisha d’lo nicha lei, which refers to a psik reisha in which a person does not care about the result. D’lo nicha lei can include both when a person actively dislikes the result and when they are ambivalent to the result. We learned

We are beginning siman 6, where the Chayei Adam will introduce a caveat to the concept of psik reisha. We know that a davar she’eino miskavein is muttar, but a psik reisha makes it assur and chayav. In this siman, the Chayei Adam further clarifies that the chiyuv is only if a person wants the

  We are continuing in siman 5, and we left off discussing a Rema in Yoreh Deah, where the Rema is discussing a case of pots cooking above the hearth. Although the case does not seem to be a psik reisha, the Rema holds it is assur, even though it should only be a davar

  We are continuing in siman 5. Yesterday, we learned about the concept of psik reisha and how it affects davar she’eino miskavein. In the parentheses, the Chayei Adam explains the meaning behind the choice of the words psik reisha. He writes that just like it is impossible to cut off the head of an

  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