Shinui 1 – Meleches Machsheves (Klal 9 Siman 2) Hilchos Shabbos – S0260

January 9, 2024
Hilchos Shabbos

Siman 2 sponsored anonymously as a zechus for parnassah.

D'var Halacha

Shinui 1 - Meleches Machsheves (Klal 9 Siman 2) Hilchos Shabbos - S0260

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We are beginning siman 2, where the Chayei Adam introduces some of the limitations on the melachos. Although the Chayei Adam does not mention it directly, we will touch on the concept of meleches machsheves asrah torah. The Gemara uses this phrase to teach us that certain actions will not be considered melacha deoraysa, because it is lacking meleches machsheves. The precise translation of meleches machsheves is not entirely clear, but the poskim understand there are three components to defining it.

One component is that it refers to chashivus; meaning, the melacha needs to accomplish something significant in order to be assur on a Torah level.
Another component is that the melacha must be performed with the proper intent in order for it to be assur on a Torah level.
The third component is that the work in the mishkan is described by the Torah as lachshov machashavos, that the work was sophisticated, almost professional-level work. We can conclude from this pasuk that only melacha which is skillful will be assur on a Torah level on Shabbos. This level of work is similar to the skillful acts of the artisans of the mishkan.

All of these components make up the understanding of the meleches machsheves, and this concept introduces us to many limitations in the deoraysa issurim of Shabbos. The Chayei Adam begins with the limitation that one is only chayav on the melacha they are performing if it is performed in the normal fashion for performing that melacha. If a person performs it abnormally, it will not be chayav mideoraysa. Even if the result is no different, so it is not lacking chashivus in that regard, the fact it is not performed in the normal manner makes it lacking in meleches machsheves and not assur mideroaysa. This is called ki’lachar yad. . The mishnah gives the example of taking a pen in hand but turning one’s hand backwards while writing, hence “with the back of the hand”. This is true even if the result will look fine The Chayei Adam’s point is that even though the result is not inferior, it is still patur mideroaysa. If the result is also inferior due to the shinui, it is an even greater shinui, and obviously patur. The Chayei Adam gives the example of plowing and digging a hole. One is only chayav for digging a hole with a shovel, plow or similar larger implement. If one digs the hole with a small trowel or something else not usually used, they will not be chayav mideoraysa. Even though the result will be the same, albeit at a slower pace, one is still patur mideoraysa because it is lacking in one of the components of meleches machsheves. Summary Melacha is only assur deoraysa on Shabbos if it is considered meleches machsheves. Meleches machsheves has three components to it,

that it accomplishes something of significance,
that it is performed with proper intent,
and that it is done skillfully.

Melacha done in an abnormal fashion, even if the result looks normal, is patur. This is known as melacha done with a shinui or melacha done ki’lachar yad.

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Shinui 1 – Meleches Machsheves (Klal 9 Siman 2) Hilchos Shabbos – S0260

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