S0636 - Meleches Shabbos - (Klal 28 Siman 1) - Tofeir - 2 - Two Stitches

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Meleches Shabbos - Tofeir 2 - Two Stitches (Klal 28 Siman 1) S0636

We are beginning siman 1. We learned that in order for tofeir to be chayav mideoraysa, the stitching must have some level of stability and permanence. Thus, the Chayei Adam begins by stating that the melacha of tofeir is chayav together with the fact that it is tied at the end with a kesher.

The Chayei Adam writes that the shiur for the melacha of tofeir is two tefiros. There is a discussion as to what that means, but the understanding that we follow is that if one has two pieces of cloth, two tefiros would be passing the thread through the cloth from top to bottom, and again from bottom to top. The Gemara concludes that the thread must be tied off at the end, because otherwise the stitching would not last. The rishonim clarify that, if so, one is chayav for kosheir as well, as we have discussed.
The Chayei Adam continues, and points out that if the stitching will not last at all, one would be patur. Nevertheless, if one makes multiple stitches, even if they do not tie them off, eventually the stitching will hold itself, and one would be chayav. Once a person makes three stitches (ie, in, out, in), we are concerned for this form of tofeir, and one would be chayav.

If a person creates an effective tefirah but does not plan for it to remain permanently, it would seem to be similar to an effective keshirah which a person plans to remove, which we have learned is muttar. This is known as eino shel kayama. Although the Gemara discusses such a heter in regards to kosheir, there is no such Gemara regarding tofeir. Nevertheless, the Rema brings it down and the Mishnah Berurah paskens halacha lemaaseh that one can rely on this heter.

Regarding the idea of the kesher at the end of the tefiros, the Mishnah Berurah quotes from the Ra’av (Rav Ovadia Bartenura) that even if the kesher is eino shel kayama, if the tefiros were stitched with the intent they should be permanent, one would be chayav mideoraysa for tofeir. Even though the kesher is eino shel kayama, the tofeir is shel kayama, so it is chayav.

The Chayei Adam gives two examples of knots that could be tied at the end of tefiros. One is that each side is tied independently, and the other is that they are tied together. Either way, these knot would make one chayav mideoraysa for tofeir (in addition to koshair)

One contemporary example of tofeir is the use of a safety pin. A safety pin is used by puncturing in and out of the cloth, and then using the clasp to hold it in place. At first glance, it should fall under the umbrella of tofeir. However, when two pieces of cloth are stitched together with thread, the thread smooths into the cloth and becomes unnoticable, whereas, a safety pin remains distinct and separate, and people look at it as two pieces of cloth as opposed to one unit. Therefore, the Korban Nesanel holds a safety pin is muttar to use, and the Chazon Ish follows his opinion. This is an example of how even though it seems akin to tofeir, since the two pieces of cloth remain distinct and separate, it does not fall under the melacha at all.

Summary
Tofeir is defined as joining two items together into one unit through sewing. The minimum shiur for tofeir is two stitches which are tied at the end. Three or more stitches will be chayav even without a knot at the end.
If the tefiros are made to be eino shel kayama, one will not be chayav. However, if they are made to be shel kayama even if the knot at the end is not shel kayama, one will be chayav.
Although a safety pin seems akin to tofeir, it is muttar, because the two pieces of cloth do not get joined as one unit as they do when they are stitched.