Aino Miskayeim 3 - Kosaiv and Boneh (Klal 9) Hilchos Shabbos - S0312

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Aino Miskayeim 3 - Kosaiv and Boneh (Klal 9) Hilchos Shabbos - S0312

Sponsorships for the upcoming Klalim, which discuss the 39 melachos of Shabbos, are available. Please contact Rabbi Reingold for more information at [e-mail] or 301.996.5910

We have finished Klal 9. The purpose of this Klal was to learn about broad klalim which come up regarding melachos of Shabbos. We will discuss a few other concepts not discussed by the Chayei Adam.

We are learning about the concept of miskayeim, that melacha must have a certain level of permanence to it in order to be chayav. We left off discussing situations in which aino miskayeim makes the melacha muttar, such as tearing stitches which were sewn with intent to remain for less than 24 hours. Thus, regarding diapers, the tabs are glued to the diaper when the diaper is placed on the child, and gluing is a toldah of tofair. However, it is with intent that it should remain for less than 24 hours, so it is not included in the issur derabanan and is muttar.

A similar question relates to bandaids. When one removes the backing of the bandaid, they are undoing something which has been attached for months or longer. If so, it should be miskayeim and assur. However, Rav Shlomo Zalman suggests that since we know that miskayeim and aino miskayeim are defined by intent, the desire of the manufacturer is that they be used immediately. Although, practically, it will not happen, the fact that there as an element of intent to allow for its immediate use makes it considered aino miskayeim so it can be used immediately.

These questions apply to glue, since it is a toldah of tofair. Velcro works on a different system, using hooks and eyes, and there is no melacha involved in using velcro.

Regarding kosaiv, aino miskayeim does not make kesiva muttar, both in a case where one plans to erase it after Shabbos, and in a case where the kesiva itself is not permanent. Thus, if one writes with something in which the ink will fade quickly, or even if one writes with sand which will quickly be washed up, it is assur miderabanan. Tzoveya is learned from koseiv and these halachos will apply to it as well.

When it comes to boneh, a structure which has no physical permanence to it is considered aino miskayeim. Additionally, boneh regarding items or utensils (boneh bekeilim) is an issur derabanan. Thus, a structure which is aino miskayeim would not be a concern of binyan bekeilim. However, if it could inherently last, even if the creator plans to destroy it, it is assur. We learn this point from the mishkan, which was not a permanent structure yet was considered miskayeim for as long as it was erected in one place.
An interesting application of this halacha is if one’s sukkah falls down over Sukkos. The creator plans to keep the sukkah up for 8-9 days, but on its own accord, the sukkah would likely last longer. If this case is an issur derabanan, it would be muttar to ask a non-Jew to fix it, because it is a shvus d’shvus b’makom mitzvah. If it is assur mideroaysa, one cannot ask a non-Jew. The Pri Megadim leaves this question unanswered. There is a contradiction within the Mishnah Berurah regarding this point, and the assumption in halacha is to rely on this leniency in cases of need to allow a non-Jew to rebuild the sukkah.

Summary
The concept of aino miskayeim applies to tofeir and kosheir, in that one will not be chayav mideoraysa for tofeir or kosheir which is aino miskayeim. A knot or stitching which can not last for 24 hours is Muttar to remove. If a knot or stitching is physically able to last for a long time, but one plans to remove it, then:
If it is made to last less than 24 hours, it is muttar to untie or tear the item.
Even if practically, it is kept together for longer, as long as the intent was for it to be non-permanent, it is muttar to untie or tear in case if need.
If it is made to last more than 7 days, it is considered miskayeim and assur to untie or tear the item.
If it is made to last more than 24 hours but less than 7 days, it is a machlokes whether it is considered miskayeim or aino miskayeim. It is assur to untie or tear such an item, except for situations of significant need.
Regarding kosaiv, aino miskayeim does not permit any form of kesiva, both whether the ink is non-permanent or if the writer plans for it to be non-permanent.
Regarding boneh, aino miskayeim does not permit cases where the structure is inherently permanent but the creator plans to destroy it. However, in some cases, since it may only be an issur derabanan, we are meikil on amira l’achum in cases of significant need.
If the structure has no permanence to it, aino miskayeim makes it muttar to build or destroy it.