Monday, June 8, 2020

An opportunity to clarify what is the difference between a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה and an unintended labor, מלאכה שאינה מתכוונת? TB Shabbat 94


On today’s daf TB Shabbat 94 “We learned in the mishna that according to the first tanna: One who carries out a corpse on a bed is liable. And similarly, one who carries out an olive-bulk of a corpse, or an olive-bulk of an animal carcass, or a lentil-bulk of a creeping animal is liable. Rabbi Shimon deems him exempt.” (Srfaria.org translation) for

Rashi and Tosefot provide the same reason why Rabbi Shimon exempts in the case of carrying a corpse on a bed from one domain to another. Removing the corpse is considered a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה. Nevertheless, they define it differently. Rashi explains that the person doesn’t want a positive result from moving the body from point A to point B. He just move the body out and away from him. Tosefot says that a prohibited labor not necessary for his own sake needs to fulfill two requirements. First of all the prohibited labor had to fulfill the purpose of the Tabernacle, Mishkan, and doing it in the same manner it was done in the Mishkan. Since the case in the corpse doesn’t meet those two requirements, Rabbi Shimon exempts.


Interestingly enough, the Rishonim are divided on what the law is when it comes to a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה. Rambam obligates bringing a sin offering for one who transgressed a prohibited labor not necessary for its own sake and Joseph Karo rules that violating a prohibited labor not necessary for its own sake is forbidden, but one is exempt from bringing the sin offering.


What is the difference between a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה and an unintended labor, מלאכה שאינה מתכוונת? An unintended labor is doing something permitted, but a prohibited labor might occur. An example we have already seen is dragging a chair on a dirt floor. If furrows are created, the rabbis would forbid such action and Rabbi Shimon would permit (meaning no violation of Shabbat occurred). A person knows that he is doing a prohibited labor in the case of a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה, but that is not his goal. In our daf all he wants to do is remove the body away from him.


When it comes to a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה and an unintended labor Rabbi Shimon would permit. In the case of a prohibited labor not necessary for its own sake, מלאכה שאינה צריכה לגופה, Rabbi Sherman would rule that it would be forbidden, but exempt from bringing a sin offering.



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