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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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Melacha Sheaina Tzricha Legufa 4 - Chumros of Melacha Sheaina Tzricha Legufa (Klal 9 Siman 7) Hilchos Shabbos - S0280
Siman 7 sponsored Anonymously as a zechus for those who need shidduchim.
We are continuing in siman 7. We learned (shiur S277) that the Ran says that melacha she’eina tzricha legufah is more chamur than an average derabanan, because it is so similar to the issur deoraysa. One can see two people digging a hole; one person will be transgressing an issur deoraysa and the other is transgressing an issur derabanan. Therefore, Chazal did not give melacha she’eina tzricha legufa the leniencies of a standard issur derabanan. We will see a few examples of these chumros.
The halacha is that if it is bein hashmashos, and a person did not yet accept Shabbos (neither by their own volition nor through the tzibbur), one is permitted to perform issurei derabanan for the purpose of a mitzvah. However, one cannot perform a melacha she’eina tzricha legufah for the purpose of a mitzvah. For example, if one left tzitzis on a tree, they would be permitted to retrieve it during bein hashmashos. However, a melacha she’eina tzricha legufah would remain assur. (Siman 342)
If a person is a choleh she’ein bo sakanah, where they are confined to bed but not in life-threatening danger, we pasken that for sakanas eiver, danger to a limb, a Jew can perform any issur derabanan. If there is no danger whatsoever, just that the person is confined to bed, they may perform issurei derabanan with a shinui. The case in question is extinguishing a candle for the benefit of the sick person. The Gemara says that it is muttar for a choleh she’yeish bo sakanah, and assur for a choleh she’ein bo sakanah. The Mishnah Berurah points out that this leniency does not apply to extinuishing even though by definition it is a melacha she’eina tzricha legufa, and only derabannon, because melacha she’eina tzricha legufa is more chamur than a regular derabannon. (Siman 328 and 278)
We have a concept of safeik derabanan lekulah. Nevertheless, the Shaar Hatziyun writes that we do not apply this concept to melacha she’eina tzricha legufah.
The Gemara differentiates between killing different types of insects on Shabbos depending on how they grow, some being assur mideoraysa and some being issurei derabanan. It is certainly a melacha she’eina tzreicha legufah to kill any insect, because one does not plan to use the insect in any way (rather their purpose is to remove the unpleasantness). If it is at nighttime, and one cannot see what type of insect it is, we do not apply safeik derabanan lekulah but rather we are machmir. (Siman 316)
The case under discussion in the Ran is a question of amira l’akum on a derabanan (known as a shvus d’shvus). It is muttar to perform amira l’akum in this case in a situation of hefsed. Nevertheless, one cannot perform amira l’akum on a melacha she’eina tzricha legufah, because we are machmir. Therefore, for example, if there is a fire which poses no danger to humans, one cannot ask a non-Jew to extinguish it. If there is danger to life, it is obviously muttar. One can hint to a non-Jew. (Siman 334)
Thus, we have four places where we deal with melacha she’eina tzricha legufah as more machmir than other issurei derabanan.
Summary
Although the issur of a melacha she’eina tzricha legufah is derabanan, it is treated as more chamur than a standard derabanan, due to how similar it appears to an issur deoraysa.