The entire
melacha
–
ëì äîìàëä ëåìä åáùéòåøä,
cont.
In the
previous shiur we learned that the Torah prohibits us to
perform an entire melacha, not part of a melacha
and Chazal, in many cases, prohibited performing part
of a melacha.
Is there a difference between part
of a melacha and part of an amount?
We
differentiate between çöé îìàëä
and çöé ùéòåø. Doing part
of a melacha such as lifting an item in a reshus
harabim and walking 4 amos and not setting
it down is part of a melacha, because the melacha
is comprised of the above and setting it down (or
standing still). Such an action is ossur
mid’rabanan.
On the
other hand, the Rambam writes
that one who bakes or cooks food the size of a
âøåâøú is chayav,
which means one has violated an issur d’oraisso.
Cooking or baking less than that is also an issur
d’oraisso albeit one is exempt from biblical punishment.
Why this distinction?
A
çöé îìàëä (part of a
melacha) is not the melacha the Torah refers to
whereas performing a melacha with less of the
required amount -çöé ùéòåø
is the melacha the Torah refers to.
What is the halacha if two people
perform a melacha together?
It depends
on whether they could have performed it individually or
whether it requires a joint effort, as follows:-
v
One person is capable of turning on a light switch
and two people turn it on at the same time, i.e. both press
the switch. Both are pottur (exempt) from biblical
punishment, even when done intentionally.
v
A heavy package is transported from a reshus
hayachid to a reshus harabim and neither could
have done it individually, both are chayav.
v
A heavy beam is transported through a reshus
harabim
by Reuven and Shimon. Reuven could have carried it himself
but Shimon could not have. Reuven is chayav and
Shimon is pottur, because it is as if Reuven carried
it himself and Shimon merely gave support –
îñééò, which is negligible.
What is the reasoning behind these
distinctions?
The
possuk in Vayikra (4:27) says
áòùåúä (when he does it…)
and the gemora Shabbos 92b learns that one person
must perform an entire melacha not part of it and
when two people perform the melacha, neither is
performing the melacha in its entirety.
When two
people cannot perform the melacha individually and
only a joint effort can accomplish it, both are chayav.
The gemora explains that the possuk only
excludes the case when either person or both people could
have accomplished it individually and not when both people
could not have accomplished it.
Is it ossur mid’rabanan for two
people to do a melacha together that they can both do
individually?
It is a
machlokes haposkim. The common p’shat is that it
is only ossur mid’rabanan, as the possuk
teaches us áòùåúä, do it
individually otherwise it is not ossur.
However, many poskim
learn that it is ossur mid’oraisso and the possuk
merely exempts the perpetrators from bringing a korban.
The
Tosefos Shabbos
writes
that when one can do a melacha with one hand, such as
writing or drawing and one writes with both hands, it is
included in this exemption of
áòùåúä.
Of what importance is the above
when it is always ossur, either mid’oraisso or mid’rabanan?
There are
several reasons why it is important to know the above.
Firstly, it
is part of Torah, whether there is a nafka mina or
not.
Secondly,
it is important to know whether one is liable to bring a
korban as a result of one’s action, in the time of the
Beis Hamikdash.
Thirdly,
and the most critical nowadays, is when dealing with
pikuach nefesh, one must know that there are ways to
circumvent a direct d’oraisso by doing a shinui.
For
example, a doctor who must operate an apparatus that
requires turning on a light. If it can be done by one person
and two people turn it on they are minimizing the issur
and must do so when speed is not a factor.
An
ambulance was parked outside my building one Friday night
and being involved with the Hachovesh (hatzolo) service in
the neighborhood, I went to see the proceedings. The
“chovshim” needed to operate certain machinery and since
time was on their side, one called the other over and both
men pressed the button together.
It was
indeed a kiddush Hashem to see how even during an emergency
they were adhering to the halacha and knew how to apply it.
(When speed
matters, they would not hesitate at all to operate it
individually, as the halacha requires).