Daily Dvar Halacha

What is Daily Dvar Halacha?

Rav Eliyahu Reingold, Rosh Kollel in the Yeshiva of Greater Washington, spent many years learning in the Telshe Yeshiva and Kollel where he was recognized as one of their foremost talmidim. He taught in the Telshe Mechina before coming to the Yeshiva of Greater Washington. He is a noted Baal Halacha and Baal Mussar, serving as a well-respected posek for the Yeshiva and community. Besides his responsibility in leading the Kollel, he delivers a high level shiur to advanced students, and provides many halacha shiurim throughout the year. His heartfelt weekly mussar shmuess in an inspiration to all.

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Choreish 2 (Klal 10 Siman 1-3) Hilchos Shabbos - S0329

Sponsorships for the upcoming Klalim, which discuss the 39 melachos of Shabbos, are available. Please contact Rabbi Reingold for more information at rabbireingold@gmail.com or 301.996.5910

We are learning the melacha of choreish. The Chayei Adam defines this melacha as loosening the earth (yipui arah) and making the land surface flat so that it is easier to plant. Similarly, one who digs, makes a furrow, flattens a hillock, fills in a hole, or flattens an area is chayav for choreish. Anything done to make the ground more usable for the purpose of planting is a toldah of choreish, even if there is no hole involved or softening ground. Since we understand that the av of choreish is preparing the ground for planting (see shiur s328), all of these actions are considered toldos of the melacha.

In siman 2 and 3, the Chayei Adam gives examples. In siman 3, the Chayei Adam writes that people used to fertilize their fields by having their animals relieve themselves on the field, using the nutrients from the manure to revitalize the field. Since this process makes the field more receptive to growth, the Chayei Adam suggests that one will be chayav for bringing their animals to the field for the purpose, as a toldah of choreish. Simnilarly, if one removes rocks from their field, he suggests that they will be chayav as a toldah of choreish. However, he ends both cases with tzarich iyun. It is hard to understand why he leaves with a doubt, as we will explain.

The Gemara says in regards to shemitah that there is no din of toldos, and only the actions which are explicitly written in the Torah are assur. If so, the actions that we consider toldos (such as those above) are only assur miderabanan on shemitah. When it comes to Shabbos, these toldos will be chayav mideoraysa. However, there may be something intrinsically different about the two examples given above. Rashi understands that the issue with removing the stones is making the ground softer, while the Rambam understands that the issue is preparing the ground for use.
When a person fills in holes, we would have thought that they are chayav because it is easier to plant. However, Rashi holds that one is chayav because the dirt used is softer, so it falls under his definition of choreish as being the issue of making the ground softer. The Rambam understands the issue is making the ground more ready for use, as we have been understanding.

Rabbeinu Chananel quotes a Yerushalmi (referenced by the Nishmas Adam), that enclosing animals in a field for fertilizing the field, weeding, removing stones, burning up old brush, and others, are all considered toldos of choreish. Thus, although Rashi understands differently, it seems clear that the Chayei Adam is following Rabbeinu Chananel and the Rambam’s definition of the av melacha of choreish. Therefore, it is unclear to Rabbi Reingold why the Chayei Adam ends off the siman with tzarich iyun.

Summary
Choreish is the av melacha of plowing. The primary characteristic of the av melacha is the fact that choreish prepares the ground for planting, so the toldos will be actions which share this characteristic. These include fertilizing the ground, removing stones, weeding or burning old brush.