Building and Destroying: Vessels (II)

The mishna (Shabbos 146a) says that it is permitted to break a barrel to take food from it on shabbos, as long as one does not intend to “make a vessel”  (i.e. to make a neat opening).  This seems to be a simple law, but it is clear from the gemara in another place (Beitza 33b) that if breaking a barrel with intent to make a vessel would be a Torah prohibition, then it would be rabbinically prohibited to break it even without such intent.  Therefore, it must be that even if one breaks it with intent to make a vessel, it is only a rabbinic prohibition.

Tosfos (שבת שם ד"ה שובר) explains that the mishna is dealing with a mustaki.  This is a barrel that is made from gluing together small pieces of pottery and is an intrinsically flimsy.  It is permissible to break a mustaki for one of two reasons.  Either it is not possible to violate a biblical prohibition of making a vessel because it is intrinsically flimsy; or, even though it is technically possible, since it is such a flimsy vessel, the Rabbis were not concerned that one would try to do it neatly, and therefore never decreed that it is prohibited.

The Ran and the Ramban learn this gemara differently.  They learn it is not possible to violate the prohibition of binyan because we are dealing with a kli, and there is no binyan b’kaylim.  Rather they hold that this case is dealing with a prohibition of maka b’patish.  This is allowed because of tzorech shabbos, that it is needed for shabbos, and is only rabbinically prohibited.

Building and Destroying: Vessels (I)

There is a dispute between Beis Hillel and Beis Shammai if yesh binyan b’kaylim or not.  This dispute is whether or not there is a prohibition to build with vessels.  Everyone agrees that we rule in accordance with Beis Hillel; however, there is a dispute among the Rishonim what exactly this means.  Rashi holds that there is no building with vessels.  Period.  No exceptions.  All of the cases that the gemara prohibits that seem to be because of binyan b’kaylim are actually prohibited because of maka b’patish, making the finishing touch to something.

The Ran and Ramban hold that there is no prohibition to build vessels.  Even so, to take various pieces and to make a vessel is prohibited.  Tosfos holds that “complete building”, i.e. making a very big change to a vessel, is considered building.

The most obvious place to see a practical difference between these opinions is with destroying a vessel.  According to Rashi it is permitted, because it has no connection to any prohibition.  There is no prohibition to undo a finishing touch.  According to the Ran and Ramban it is also permitted because the destroying is done with a vessel (that is to a vessel).  But according to Tosfos it is prohibited because it is a very significant change to a vessel.

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).