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Explain the reason behind your answer. 1. What is a Melacha and from where do we learn it from? 2. What is a Toldah and is it forbidden by Torah or Rabbinic Law and why? 3. What is the difference between a Gezeirah and a Takanah? 4. When is a person Chayav Koret and when is he Chayav a Korban, and how is one called in such a case ? 5. What is the difference between doing a Melacha b'Shogeg and doing a Melacha Mitaseik (without awareness)? Explain the conceptual and halachic differences. 6. a. Since trimming hair is a Melacha, is it permitted to pet a dog on Shabbos, possibly causing hair to fall out? Why or why not? b. Does it make a difference if you were planning to trim the dog, in a case where the dog is shedding, and why? 7. What is a "Melacha She'aino Tzricha l'Gufo"? Give an example. 8. Give an example of a Melacha done with a Shinui, and what is the halacha in such a case. 9. If someone is a mouse collector, can he set a mouse trap on Shabbos? And what is the halacha if a mouse gets caught in it on Shabbos? ANSWERS: 1. A Melacha is a Torah prohibited act on Shabbos. It is defined as a real significant act of creation. It is learned out from the work needed to to build the Tabernacle (Exodus ch. 35). 2. A Toldah is also an "act of creation" prohibited by the Torah, similar to its Av Melacha. The Torah forbids all acts of creation, and the Avot Melachot are only used as examples. 3. Gezeira: an act that the Rabbis forbid because it might lead a person to do a Torah law. Takana: an act that the Rabbis forbid to safeguard the spirit of Shabbos. 4. When a person does a melacha (fulfilling all conditions), knowing it is forbidden, he is called a Meizid and is Chayav Koret (without witnesses). When he didn't know it was prohibited, he did the Melacha b'Shogeg and he is Chayav a Korban Chatat (in the time of the Temple). 5. Shogeg: someone who is aware that he is performing a certain act, but didn't know it was prohibited. In this case he is Chayav a Korban. Mitaseik: someone who isn't aware that the act he is doing will result in melacha. It is considered that he did not do a Melacha, and he is Patur aval Assur. 6. a. If it is not certain that hairs will come out, and you don't intend for this result (i.e. you only intend to pet it), it is Mutar. b. Since the shedding dog will surely lose hairs as a result of your petting, and you are happy with the result, even though you didn't intend for it right now, you are Chaiv. (Psik Reisha d'Nicha Lei) 7. Melacha She'aino Tzricha l'Gufo: Doing a Melacha for a reason other than the result of the Melacha -- e.g. mowing the lawn to look nice; since you have no need for the grass, it is not considered "harvesting," and is (only) forbidden by the Rabbis. 8. Example of Shinui: Cutting wheat off the ground with a pair of scissors, because that is not how wheat is normally cut. The act is then (only) prohibited by the Rabbis. 9. The act is Patur aval Assur, because if an animal gets caught it is still considered to have been done indirectly (Gramma). This is true even though the "purpose" of the melacha was fulfilled -- i.e. setting a trap for the sake of trapping an animal.
Published: Thursday, June 17, 2004
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