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Ben And Jerry On A Hot Saturday Afternoon - The Rationale

All of the forbidden labors have one thing in common, namely that they are all CREATIVE. There is one exception - hotza'a [removing from one domain to another]. When one takes an object to a different domain no change is being made in the object itself. [That is why hotza'a is called a melacha gru'ah (an inferior mode of labor)]. So when one performs any other melacha in a DESTRUCTIVE manner he would be exempt from bringing a korban because he has defeated the purpose of the melacha. But since hotza'a is not defined a CREATIVE mode of labor it would not matter if it was performed in a destructive manner. The person would still be chayav.

This explains why the gemara [91a] entertained the notion that one would be guilty of a forbidden labor [of hachnasa] when he throws teruma into a house that would render the food tamei. Apparently, since the teruma would become tamei the act is definitely destructive and he should be patur because of mekalkel. But now we understand! Mekalkel does not apply to the melacha of hotza'a. [Rav Yitzchak Shmelkes in Shu"t Beis Yitzchak].

So be careful with that ice cream!!

Note for machshava lovers: See Pachad Yitzchak [Shabbos - at the beginning of the sefer] for an indescribably brilliant exposition of why hotzaá is the melacha that best defines what Shabbos is all about.

Rav Hirsch al HaTorah also has a piece that really pushes הוצאה to the fore, for that really seems to ישיעה's focus when he discusses שבת.


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About me

  • I'm Rabbi Ally Ehrman
  • From Old City Jerusalem, Israel
  • I am a Rebbe in Yeshivat Netiv Aryeh.
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