Search results for: ""melachah d'oraitah""

Asking Non-Jew To Do Melacha D'Oraita
You may not ask a non-Jew to turn ON a light or turn ON heat, or other d'oraita violations of Shabbat--even for a mitzva or for oneg Shabbat. However, you may ask a non-Jew to do a melacha d'oraita for any of a sick person's needs, even if there is no danger to the person's life.
Note You may tell a non-Jew to do melacha, even if it is d'oraita, for a mitzva or oneg Shabbat only if it is bein ha'shmashot (between sunset and dark).
Jewish Festivals: Asking a Non-Jew To Do Melacha D'Oraita
Although you may not normally tell a non-Jew to do melacha d'oraita on a Jewish festival, even for the purpose of doing a mitzva, the non-Jew is not forbidden from doing melacha if he/she wants to do so.
Note To save a life, even a Jew may do melacha d'oraita.
Hinting to a Non-Jew To Do a Melacha
You may hint or imply that you need something done in order to induce a non-Jew to do even a melacha d'oraita that will benefit you, but only if you don't need that action.
Example Turning off a light; bringing a chair from outside an eruv.
Jewish Festival: One Day or Two
Outside of Eretz Yisrael, Jewish festivals are observed for two days instead of one.
Reason In ancient Jerusalem, the Sanhedrin declared the new month based on testimony of at least two witnesses.  Since Jews who lived far from Jerusalem did not find out when the Jewish festivals began until as much as two weeks after the fact, a two-day festival was declared and we continue to observe that two-day holiday outside of Eretz Yisrael.
Situation You are in Eretz Yisrael for any of the Jewish festivals.  You want melacha done for you on the second day of the festival.
What To Do You may ask a resident of Eretz Yisrael to do melacha for you. (You may not ask a non-Jew to do melacha for you!)
Reason It is no longer a Jewish festival for him/her.
Note If you are outside of Eretz Yisrael, you may not ask a resident of Eretz Yisrael (who is visting you) to do melacha for you on the second day of the Jewish festival, even though he/she is no longer observing the festival.
Reason He/she may not do any melacha d'oraita even in private and not even for him/herself.
Introduction to Shabbat, IDL, and Region of Safek/Doubt
The International Dateline (IDL), which is 180 degrees away from Greenwich, England, crosses the Pacific ocean from north to south and divides a region of safek/doubt as to which day is Shabbat. This region's eastern boundary is a line 180 degrees east of Jerusalem, which lies between Hawaii and the US mainland; the western boundary is east of Shanghai. All countries in this region of IDL safek/doubt are island countries.
 
In a region of doubt, such as Tasmania, keep normal Shabbat (Shabbat d'rabanan) on local Saturday and keep Shabbat d'oraita on:
Friday if you are:
  • West of mainland USA, but
  • East of the IDL, and
  • Not attached to the mainland.
     In this category are some islands off the coast of Alaska, Cook Islands,
     Hawaii, French Polynesia (Tahiti, Bora-Bora, etc.), and most of the other
     islands in Polynesia.
Sunday if you are:
  • West of the IDL, but
  • East of Shanghai, and
  • Not attached to the mainland.
     In this category are Fiji, Japan, Kwajalein, Micronesia-Palau,  New
     Caledonia, New Zealand, Papua New Guinea, Samoa, Solomons,
     Tasmania, Tonga, Truk, Vanuatu, Yap. Also parts of Taiwan, the
     Philippines, and Indonesia.
Note In all cases, you must still observe regular Shabbat on Friday night/Saturday.
Situation
You are in a place near the International Dateline (IDL) in which you are not sure which day of the week it is halachically: Shabbat or, if you are east or west of the IDL, Friday or Sunday.
What To Do
On the Friday or Sunday in question, there is no shvut (d'rabanan prohibitions, including muktza), so you may do all melacha d'rabanan WITHOUT a shinui. You may:
  • Ask or tell a non-Jew to do anything, including a melacha d'rabanan or d'oraita.
  • Ride in a cab or car driven by a non-Jew.
Note You may not drive a vehicle yourself.
Note You may open the door yourself, even if a light will come on, as long as you do not need to use that light to see.
  • Use electricity--except for heat or light—including turning on a fan or air conditioner (heat and light are forbidden by the Torah).
  • Use the telephone. (Using a cellphone may be permissible--ask a rabbi).
  • Carry from a private domain (reshut ha'yachid) to another private domain, even through a public domain (reshut ha'rabim); but you may not stop walking in the public domain and you may not put the object down in the public domain unless you use a shinui.
  • There is no practical way to light candles, even using a shinui, but a non-Jew may light them for you and and you may say the blessing on the candles.
  • Swim, surf, scuba dive, climb, and play all games that do not use melacha. You may not wring out clothes and if you are swimming or scuba diving, your swimsuit or wetsuit must be clean.
  • Walk any distance (there is no techum Shabbat d'oraita).
  • Kinyan. You may acquire items.
  • Fly, including check in and getting on plane if:
    • The pilot is non-Jewish, and
    • You don't do any melacha d'oraita (including any writing) without a shinui.
  • Use a computer if it automatically goes to sleep after less than 24 hours of not being used.
  • Shower. However:
    • You may not use an “instant on” hot water system in which the water is heated as you use it; you may only use the hot water if it has a holding tank.
    • You may use only liquid soap; hard soap is forbidden.
  • Ingest medicine (but you may not smear it on skin).
  • Use some make up, such as rouge, mascara, eye shadow. You may not use lipstick.
  • Open a refrigerator with light (and all other psik reisha d'la neicha lei).
  • You may buy necessities on Friday or Sunday as long as:
    • The store owner is not Jewish (or if he/she is Jewish, does not write or print a receipt),
    • You do not write, and
    • There is no reshut ha'rabim.
You may also do melacha d'oraita if:
  • You use a shinui (non-normal way of doing that action--this is forbidden d'rabanan on Shabbat but is allowed on the Friday or Sunday in question), OR
  • Two or more people do the melacha together.
 
D'oraita, you may not:
  • Cook food.
  • Turn on lights (but you may turn them off).
  • Carry from domains.
  • Boneh – building any permanent structure.
  • Write two or more letters of the alphabet.
  • Drive--there is no practical way to drive using a shinui.
  • Shave--there is no practical way to shave using a shinui.
  • Use toothpaste (but you may use tooth-cleaning powder).
  • Use skin cream--you may dab it on without smearing it.
However, you may do these following actions with a shinui on the Friday or Sunday in question, as follows:
  • Cook food. You must put food in the cooking utensil first, then turn on the heat with shinui. You may turn off the heat even without a shinui.
  • Turn on lights (such as with your elbow).
  • Stop along the way when carrying from a private domain (reshut ha'yachid) to another private domain, even through a public domain (reshut ha'rabim). As a shinui, you may carry the object in your mouth (as long as it is not food), etc.
Note Carrying something in your pocket is NOT a shinui.
  • Tear paper (such as putting toilet paper across knees and moving the knees apart).
  • Write (such as with the opposite hand).
Flying East From Australia on Sunday
If you fly east from Australia on Sunday:
  • Do not do any melacha d'oraita from the time you are east of Australia's east coast.
  • Do not even do any melacha d'rabanan once you have crossed the international dateline (IDL).
Note Once you have crossed into local Saturday night after local dark, Shabbat ends a second time!
If You Cross IDL from Friday into Saturday
If you travel west and cross the international dateline (IDL) from Friday into Saturday, do not do any melacha (d'oraita or d'rabanan) while you are flying over the area of doubt (safek).
Note If you land after sunset Saturday night, you will have missed most of Shabbat that week.


Goal of Creation
Shabbat was the goal of Creation. Just as God completed the world's creation on the sixth day and ceased His work on the seventh, so Jews are supposed to imitate God and not do any creative work on the seventh day. Everything we need for living through Shabbat must be prepared ahead so that we do not do any creative activities on Shabbat.
Our observance of Shabbat thus testifies that God created the world. In the Shabbat kiddush, we mention the Exodus from Egypt, too, to testify to the world that God is continuously involved in our lives.
By ceasing our normal efforts to dominate the physical world, we can appreciate the spiritual aspects of our existence.
On Shabbat, all observant (shomer Shabbat) Jews receive an extra “soul.”

Zachor and Shamor

Remember (Zachor) the Sabbath day to make it holyExodus/Shmot 20:8
Observe (Shamor) the Sabbath day to make it holyDeuteronomy/Devarim 5:12
Shabbat has two dimensions:
  • Zachor  “Remember,” encompassing positive (“to do”) commandments, and
  • Shamor  “Observe,” encompassing negative (“refrain from”) commandments.
Note Women, who are normally exempt from positive, time-dependent commandments, must do both positive and negative Shabbat commandments since, according to tradition, God said both words simultaneously. This is unlike Jewish festivals, when women are often exempt from positive, time-dependent commandments.

Zachor:  Positive Shabbat Commandments
What Are Positive Shabbat Commandments
Positive Shabbat commandments include:
  • Lighting candles,
  • Making kiddush evening and morning,
  • Making havdala,
  • Honoring Shabbat (Kivod Shabbat), and
  • Enjoying Shabbat (Oneg Shabbat), including eating three meals on Shabbat.
Honoring Shabbat: Special Food and Clothes
Honoring Shabbat includes eating tasty food and wearing nice clothes.

Shamor: Negative Shabbat Commandments
Shabbat Laws from the Torah (Shabbat D'Oraita)
What Are Melachot
On the Jewish day of rest, we refrain from 39 creative activities (melachot) that had been used to build the Tabernacle in the wilderness. These 39 melachot, prohibited by the Torah, are listed in the mishna of Shabbat and in later halacha books.

The word melacha is frequently mistranslated as “work,” but work has nothing to do with the Jewish concept of melacha. Some melachot are physically strenuous (plowing, grinding wheat, skinning an animal) and some are easy to do (drawing, baking). The defining point is whether the activity is one of the 39 creative, value-adding labors. Emptying your pockets before leaving an eruv (so you are not “carrying”) may seem confusing to someone who thinks that resting on Shabbat means refraining only from hard physical labor!

What Are Toldot
Toldot are variations of the 39 melachot. These types of melacha are also prohibited by the Torah.

Intention and Other Considerations
Most Torah (d'oraita) prohibitions of melacha on Shabbat are for cases in which you:
            1) Intend a permanent change.
                Often, actions that may be forbidden when they cause permanent change, will
                be permissible by Torah law if the result is only temporary. Or
            2) Intend or act for a specific purpose.
                Random or unintended actions are generally not prohibited by Torah law.
                (However, actions that are not prohibited by the Torah, may be prohibited
                by Chazal.)

Whether you may benefit from a melacha done on Shabbat depends on intention:
  • A Jew who intentionally does a melacha on Shabbat may never benefit from that melacha.
            Note Any other Jew may benefit from that melacha as soon as Shabbat is over.
  • A Jew who does melacha on Shabbat by mistake (shogeg) may benefit from that melacha immediately after Shabbat ends.
In order to violate a prohibited melacha d'oraita, the melacha must be done as follows. If any of these do not apply, then the melacha is forbidden d'rabanan but not d'oraita:
  • K'darko--The action must be done in a normal way.
  • Tzorech tikun—The action must be done for a constructive purpose.
  • Tzricha l'gufa--You must need the normal result of that action.
  • Asiya b'yachid—The action must be done by one individual (if commonly done by just one person).
  • Mit'aseik--You must realize that you are doing a melacha.
 
Shabbat Laws from Chazal (Shabbat D'Rabanan)
Chazal instituted additional restrictions, such as:
  • Activities that might lead directly to violating a Torah prohibition.
  • Use of items not designated for Shabbat use (muktza). For a good explanation of muktza from the TorahTots website, please click here.
  • Activities that might lead one to think that a prohibited activity is permissible (mar'it ayin--the appearance of the eye).
  • Activities that are not appropriate for Shabbat, even though they are technically permissible according to the Torah (“uvda d'chol”).
  • Tircha--Exerting a physical effort to accomplish a result that is not required for Shabbat.

Enjoying Shabbat/Oneg Shabbat
Chazal instituted laws to engender a positive Shabbat atmosphere and experience.  Beyond the actual halachot of shamor and zachor, we have a concept of enjoying Shabbat (oneg Shabbat)—of enhancing our experience of Shabbat by doing whatever each person finds to be enjoyable and relaxing--as long as it is neither destructive nor violates the laws of Shabbat. The criteria are subjective. To fulfill the idea of honoring Shabbat, do things you would not do just for yourself if it were not Shabbat. Take essential life activities such as eating and sleeping and do them more and better and make them especially enjoyable.

Meals as Oneg
On Shabbat, we eat better foods and more types of food than we would normally do on weekdays.
The main idea behind meals for Shabbat is enjoyment (oneg; by contrast, the main idea for Jewish festivals is joy--simcha), so on Shabbat you should eat bread and either fish, poultry, or meat (but only if you enjoy them).
In order to have a special appetite for our Shabbat evening meal, we don't eat a full meal with bread on Friday afternoon.

Special Shabbat Songs (Zmirot)
Special songs (zmirot) are sung at the various Shabbat meals. Some zmirot have an aspect of prayer to them.

Studying Torah
Studying Torah on Shabbat is another way of increasing our spiritual experience. It honors the Shabbat and should bring about enjoyment of Shabbat.

Shabbat and Muktza
For information on Shabbat and muktza, see section below, Shabbat: Muktza.

Weekday Talk
Don't talk about subjects that are forbidden to do on Shabbat (weekday subjects); for example, don't talk about what you will do after Shabbat is over. There is no prohibition about discussing actions from the past as long as no planning is discussed.

Asking Non-Jew To Do Melacha D'Rabanan
You may directly instruct or ask a non-Jew to do melacha d'rabanan for you on Shabbat, but only:
  • To prevent a large financial loss.
    Note A large loss is subjective to the individual's actual wealth and also to that person's perception of what is a large loss. Consult a rabbi.
  • For Shabbat needs.
    Example You may ask a non-Jew to unlock an electric hotel door or trigger an entrance door on Shabbat, since this is for a Shabbat need and the action is not prohibited d'oraita.
    Situation A new guest arrives and you need the space on the table occupied by your Shabbat candlesticks.
    What To Do You may not move the candlesticks, but you may ask a non-Jew to do so.
    Situation You left a non-muktza item that you now need for Shabbat on a tree branch (or a child left one in a tree house!).
    What To Do You may not climb the tree to retrieve the item, but you may ask a non-Jew to retrieve it. Example You may ask a non-Jew to turn on air conditioning.
    ExampleYou may ask a non-Jew (directly, no need to hint) to turn off a light if it interferes with someone's sleeping.
    • To allow doing a mitzva.
    • For other pressing (and certainly for life-threatening) needs, such as health, even if the person not sick.
    Note All of these are d'rabanan cases!
Introduction to Jewish Festivals: Selecting/Boreir
Issues of boreir are almost always d'oraita, not d'rabanan, and therefore we are stringent in applying restrictions concerning boreir.
Unlike on Shabbat (when you must remove some good along with the bad so as not to violate the melacha of boreir), on Jewish festivals you may remove the bad from the good if it is easier to take the undesired food from the desired food.

Desired from Undesired
You may select desired food from undesired (or inedible) substances if you follow these two rules:
1. Cannot Use Specialized Separating Utensil
    Don't use a utensil--such as a slotted spoon, peeler, or sieve--that is specialized
    for separating:
  • Food from other food, or
  • Food from other substances.
    Note You may remove dirt from a carrot's surface by scraping the peel with a knife (a tool not specialized for separating food), but not by using a peeler.
    Exception As on Shabbat, an action necessary to eat a food normally (derech achila) does not violate the prohibition of boreir. So you may peel a food that is normally separated from its peel or shell in order to be eaten, as long as you do not use a specialized instrument to do so.
Examples
  • You may peel an orange by hand, with or without a knife.
  • You may remove the shells from peanuts by hand.
  • You may remove the shell from a hard-boiled egg by hand.
2. Do This Shortly before You Eat the Food
   Prepare the food soon before it will be eaten.
     Note       You may prepare the food as much in advance as you would normally prepare a meal which you will eat--even as much as several hours.
     Examples     
On Jewish festivals, you may:
  • Remove fish bones from fish while you are eating the fish or just before eating it.
  • Cut open a melon such as a cantaloupe and remove any seeds normally.
Non-Jew Driven Vehicle before Dark Starting Jewish Festival
You may continue riding in a car or taxi driven by a non-Jew between sunset and dark (tzeit ha'kochavim) beginning a Jewish festival, even if the vehicle is driven just for you. You:
  • May not do this on Shabbat.
  • Must have already paid before sunset. 
  • May not open a door that will cause a light to turn on or do any other melachot.
  • If you have already traveled outside techum, you may move only 4 amot (85” or 116 cm) away from the vehicle, unless the driver leaves you off in an enclosed domain (any area surrounded by walls or an eruv), in which case you may go anywhere in that domain.
  • If you had not gone outside of techum, you may go anywhere in the domain and you may also go up to 2000 amot (3,542 ft. or 1,080 m) outside of the domain.
Note Since this is a d'oraita case, we use a smaller measurement for ama--21 ¼” (54 cm). 
Introduction to Holidays/Jewish Festivals/Chagim/Yom Tov
Jewish Festivals are listed in the Torah and are of two types: 
  1. Three pilgrimage festivals (shalosh regalim):
  • Passover,
  • Shavuot, and
  • Sukkot (including Shimini Atzeret).
These festivals were celebrated in ancient times by "appearing before God"--by bringing offerings to the Tabernacle or Temple.
  1. High Holidays
  • The Jewish New Year (Rosh Hashana—“Yom Teru'ain the Torah), and the
  • Day of Atonement (Yom Kippur).
 
Duration
Jewish holidays that were originally one day are now observed as follows:
  • Rosh Hashana--2 days.
  • Yom Kippur--1 day.
  • Shavuot--1 day in Eretz Yisrael or 2 days elsewhere.
  • Passover has festival days at the beginning and end of the holiday and intermediary days of lesser holiness, which are called chol ha'moed. In Eretz Yisrael, Passover lasts for 7 days in total and the first and last days are festival days. Outside of Eretz Yisrael, Passover lasts 8 days and has two festival days at the beginning and two at the end.
  • Sukkot has festival days at the beginning and at the end and intermediary days of lesser holiness, which are called chol ha'moed. In Eretz Yisrael, Sukkot lasts for 8 days and the first and last days are festival days (the last day is Shimini Atzeret). Outside of Eretz Yisrael, Sukkot lasts for 9 days and the first two days and last days are festival days (the 8th day is Shimini Atzeret and the 9th day is Simchat Torah).

Character
Each holiday contributes its own character to Jewish life (Passover--the theme of freedom; Yom Kippur brings atonement, etc.). 

Celebrating
How to celebrate these holidays is detailed in our Oral Law and halacha books. Jewish festivals as practiced today are similar in holiness to Shabbat. As with Shabbat, the Jewish festival has candle lighting, kiddush at two meals, and havdala.   We eat our best food and wear our best clothing on Jewish festivals (we eat our next-best food and wear our next-best clothing on Shabbat!).
The main idea behind eating meals on Jewish festivals is joy (simcha), so you should drink wine and eat meat (only if you enjoy wine and meat).  There is no third meal on Jewish festivals since people used to eat two meals each day (adding a third meal on Shabbat was for enjoyment/oneg).
 
Melachot
Any activities or actions permitted on Shabbat are also permitted on the Jewish festivals. Actions that are forbidden on Shabbat are generally also forbidden on Jewish festivals, but there are some leniencies (only if the actions are needed for that festival day).
Examples
  • Lighting from an existing flame,
  • Cooking and baking for the Jewish festival day, and
  • Carrying outside the eruv (hotza'a--transferring objects between domains).
 
Grama
Grama (indirectly causing an action) is permitted on Jewish festivals (but not on Shabbat). For example, you may advance or delay a timer that will make a light go on or off in the future (the timer must already be plugged in and operating from before sunset of the festival day).
Note For an action to be considered indirect based on time, there must be at least 2.5 seconds after the first action is done before the resulting action begins to happen.

Psik Reisha Dla Neicha Lei
Psik reisha dla neicha lei is forbidden on Jewish festivals, just as it is on Shabbat.

D'oraita Restrictions
D'oraita restrictions apply world-wide to:
  • First and seventh days of Passover,
  • First and eighth days of Sukkot,
  • First day of Shavuot,
  • Yom Kippur,
  • First day of Rosh Hashana.
Note The same restrictions apply to all other Jewish festival days but are rabbinical.
 
Women
In general, women are not required to perform the positive, time-dependent commandments. Women and girls are not required to eat any Jewish festival meals except the Passover seder meal (but they are not allowed to fast on those days).