Daily Dvar Halacha

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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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Zoreiah 4 - Introduction (Klal 11 Siman 2) Hilchos Shabbos - S0335

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 beginning siman 2 and need to preface with an introduction. When a seed is placed in the ground, it takes time before it germinates. Thus, although one plants on one day, the seed is not actually planted (takes root) until a few days later. If so, we need to understand how the melacha of zoreiah works on Shabbos, if the seeds do not actually germinate in the ground until a few days after Shabbos.

There are a few ways to understand zoreiah which will answer our question. One understanding is that the melacha is placing the seed in the ground, regardless of whether it germinates or not. We can extend this understanding to a case in which a person plans to remove the seed before it takes root, in that even in such a case one will be chayav for zoreiah because the seed was placed in the ground.

Another understanding is that one is truly not chayav until the seed actually takes root, and we will not know whether the action is chayav until a few days hence. This understanding leads to a seeming chiddush that one will not be chayav for chilul Shabbos until a few days later. Nevertheless, we have a source for such a concept within the melacha of bishul. There are two parts to bishul, placing the pot on the fire and then the fire cooking the food. The halacha regarding bishul is that if one places a pot on a fire, but removes it before the food reaches yad soledes bo (the shiur chiyuv), they are not chayav. If so, we see a person is not chayav for the action inasmuch as the action together with the result. The Gemara discusses whether one can move the pot off the fire if the food is raw and therefore muktzah in order to save themselves from the issur of bishul. The Gemara concludes that one may transgress the issur derabanan in order to avoid the issur deoraysa. The Gemara also discusses whether another person can, or must, transgress the issur derabanan of muktzah in order to help someone else avoid the issur deoraysa of bishul.

It is clear from the Gemara that the chiyuv for bishul is only when both elements are present, both the action and the result. If so, we should argue that zoreiah should require both parts as well, and that the first understanding above is incorrect.
However, there is a significant difference between them. The result of bishul can take place on Shabbos, so there is more reason for the action and result to be tied together. It is impossible for the action and result of zoreiah to take place on Shabbos, so maybe zoreiah is treated differently than bishul.

Practically, all of these approaches are opinions of the achronim. With this introduction, we can understand the upcoming siman, which we will learn in the upcoming shiur, beā€™ezras Hashem.

Summary
There are different opinions in the achronim regarding the chiyuv of zoreiah.
Some understand that one is not chayav for zoreiah until the seed takes root (similar to bishul),
while others understand that one is chayav merely for its placement in the ground (unlike bishul).