Building and Destroying: Buildings

The av melacha (main category) of binyan is binyan b’karka (building with things attached to the ground).  This is the most obvious form of building, and is prohibited d’oraysa (from the Torah).  It includes building anything that is attached to the ground, like a house or a wall.  In addition, it includes building something that is placed on the ground and set there without being attached, if this is the normal way to build such a thing.  (The example in the gemara is someone who builds a fence on top of the ground without cementing the fence to the ground.)  In other cases one has to attach the building to the ground.  In addition, all parts must be firmly attached, either with cement or with screws.

In addition to actually building, the av includes many forms of fixing like hammering a nail into the wall or drilling a hole.  It is also prohibited to put something on the building if it is normally left there; therefore, it is prohibited to put a window in a window frame or to hang a door on a hinge.  The Chazon Ish rules that it is also prohibited to hang a picture on the wall if one intends to leave it there.

The melacha of stira (destroying) prohibits one from undoing any of the above.  If it is done to fix something it is prohibited d’oraysa, and if not, only d’rabanan.

Building and Destroying: Introduction

For at least the next seven or eight months, this blog will focus on hilchos Shabbos, the laws of the Sabbath.  The first of the 39 melachos, categories of prohibited work, that I will discuss are binyan (building) and sosair (destroying).  These two are very closely intertwined, because sosair is only chayav (i.e. forbidden by the Torah) when it is al m’nas livnos, for the purpose of building.  To destroy something for no reason is only prohibited d’rabanan, rabbinically.  Interestingly if someone destroys something in order to rebuild it exactly the same way, it is also patur (that is, only rabbinically prohibited) because of a concept called melacha sh’ayna tzricha gufa (which is beyond the scope of this blog).  (עיין תוס' שבת לא: ד"ה וסותר)

Binyan can be divided into a few categories.  The first is binyan b’karka (building that is attached to the ground), the av melacha (main category).  The next is binyan b’kaylim which is creating and putting together vessels.  After that is ohel, constructing a tent.  Over the next few weeks I hope to deal with each of these.  I may also discuss various rabbinic decrees surrounding binyan.

Introduction

The purpose of this blog is not to provide halachic rulings.  And this is not just a disclaimer; rather, the point of this blog is to provide people with an appreciation of the complexity of the sugya behind the ruling on even a simple question.

 

In writing this blog, not only will I not concern myself with the halachic accuracy of what I write, in many cases I will write things that I know are against the generally accepted view of the poskim.  My goal will be to present a comprehensive, straightforward, and legitimate look at the sugya as a whole, even when this contradicts the final halacha.  For a final ruling, I recommend that you talk to a COR (Competent Orthodox Rabbi).