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.

This podcast is powered for free by Torahcasts.
Start your own forever free Torah podcast today at https://torahcasts.com/sign-up/ and share your Torah with the world.

Zoreiah 1 - Introduction (Klal 11 Siman 1) Hilchos Shabbos - S0332

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. We have finished the simanim of the Chayei Adam and will discuss some practical examples.

We are about to begin Klal 11, but before we do so, there is a point we need to address. The sefer Magen Avos, written by Rav Mordechai Banet about 200 years ago, points out that the Chayei Adam parallels the language of the Mishnah, both of which state the melachos in the particple form. For example, the melacha choreish is written as hachoreish, which more accurately translates to one who is plowing. The Rambam changes the language to a gerund form, writing the melachos as plowing, etc.
The Magen Avos suggests that the mishnah is written in the particple form due to the machlokes Rebbi Yehuda and Rebbi Shimon regarding melacha she’eina tzricha legufa. According to Rav Yehuda, that melacha she’eina tzricha legufa is chayav, one is chayav even if their intent is not for the primary purpose of the melacha. According to Rebbi Shimon, that melacha she’eina tzricha legufa is patur, it is not enough to perform the action with intent, but one must have intent to fulfill the primary action of the melacha, as stated in the mishnah. Thus, a person who is cooking for the purpose of cooking food will be chayav; a person who is cooking for other purposes (e.g., to heat up the room) will not be chayav. According to Rebbi Yehuda, the main question is the action itself, while according to Rebbi Shimon, it depends on the individual and the action being performed by the individual.
The Maharam Banet concludes that the mishnah is written in the particple form, because the mishnah is authored by Rebbi Shimon, who holds that the chiyuv will depend on the intent of the person performing the action.
The Rambam, who paskens like Rebbi Yehuda that melacha she’eina tzricha legufa is chayav, the chiyuv comes as a result of the action, regardless of the individual’s intent. Thus, the Rambam changes the language to a gerund form, because it is the reality that the melacha has been transgressed which causes one to be chayav according to his understanding.
The Chayei Adam follows the language of the mishnah, in accordance with the fact that he follows the approach of most poskim that melacha she’eina tzricha legufa is patur. In other words, it is not enough that an action has occurred, but the action needs to be understood within the context of the intention of the person performing it.

With this introduction in mind, we will begin Klal 11. The next step in the sidura d’pas (preparation for bread) is zoreiah, planting. The Chayei Adam writes that the purpose of planting is to cause something to grow. In other words, planting is not just about placing the seed in the ground, but rather anything which is part of the process of making the item grow will be part of the melacha of zoreiah. Thus, zoreiah includes watering, directing sunlight, weeding and pruning are all toldos of zoreiah.

There is a parallel melacha called noteiah, zoreiah generally referring to planting seeds and noteiah generally referring to planting trees. Any toldos which apply to zoreiah will apply to noteiah as well.

Summary
The mishnah writes the melachos in a particple form because the mishnah is the opinion of Rebbi Shimon who holds melacha she’eina tzricha legufa is patur, so the person performing the melacha must have intent for its performance in order for it to be chayav.
Zoreiah is the av melacha of planting a seed, and includes any action which helps the plant grow.
Noteiah is a parallel melacha which applies to trees; all of the toldos apply to it.