[By Rabbi Yair Hoffman]
A reader recently posed the following question:
If a person purposely cooked on Shabbos, he cannot benefit from that food ever.
The question is: Can he give that food to another for mishloach manos, since (1) the other person is allowed to eat it and (2) “the mitzvos were not given for our benefit”?
Thank you.
A freilechen Purim.
Dear Reader,
Thanks for your question.
I think that if he did it on purpose, it may be a problem of Mitzvah habaah b’avairah. Let’s also keep in mind that the Mesilas Yesharim explains (Pratei Midas HaN’kius) that if someone does a Mitzvah on his boss’s time – not only is it not considered a Mitzvah, but it is actually considered an Aveirah. As an example he cites the Gemorah in Bava Kamma 94a that if someone stole a Se’ah (roughly 5 quarts) of wheat, and ground it up, baked it, and recited a blessing upon it – this is no blessing, it is cursing Hashem as the verse in Tehillim (10:3) states, “A thief who blesses – curses G-d.” On such things the Talmud Yerushalmi has commented (Sukkah chapter 3), “Woe is to the one whose defense attorney has become his prosecutor.”
THE ISSUE OF MAASEH SHABBOS
The Talmud (Ksuvos 34a) records a debate regarding Maaseh Shabbos. Rav Acha and Ravina argue as to whether Maaseh Shabbos is forbidden by Torah law or by Rabbinic law. The final halacha is that it is forbidden only by Rabbinic law.
One may ask, what is the reason for the prohibition? One reason is that it is a means to prevent future or further Shabbos violation. Another reason is that the prohibition will serve to further our appreciation of the gift that is Shabbos. The United States of America, the State of Israel, and every nation in the world has a flag that its citizens respect and venerate. The nation of Israel also has such a flag, the oldest of any other group or nation. That flag is Shabbos, described in the Torah as an “Os.” The prohibition of Maaseh Shabbos serves to imbue the Jewish nation with veneration and respect for the Os that is Shabbos.
The Gemorah (ibid, Chulin 15a, and Bava Kamma 71a) further records a debate between the Tannaim as to the parameters of the prohibition. The two categories under discussion are:
1] when Shabbos was violated by accident – B’Shogeg and
2] when it was violated intentionally – B’Maizid.
The three views are found below:
• Rabbi Meir is of the opinion that when Shabbos is violated unintentionally – B’Shogeg there is no prohibition placed on what was cooked or made. However, when Shabbos is violated on purpose – B’Maizid one may not benefit from that which was done until Motzei Shabbos – Saturday night.
• Rabbi Yehudah is of the opinion that one may never benefit from a Shabbos violation on Shabbos itself and one must wait until Moztei Shabbos even if it was done unintentionally – B’Shogaig. If it was done on purpose, however, the person who did it can never use it. It is forbidden FOREVER.
• Rabbi Yochanan HaSandlar states that B’Shogaig, others may eat of it on Motzei Shabbos, but never for the Shabbos violator. B’Maizid, however, it is forbidden forever for everyone – neither he nor Acherim – others.
We will also address the issue of the two possible types of Acherim – others.” “Others” could mean complete strangers and complete strangers only. This would mean that if the Shabbos violator did it not just for himself but for others that were not strangers, they would not be included in Acherim. Or it could mean all others, even those for whom the Maaseh Shabbos was intended to be for.
FINAL HALACHA
According to which opinion do the Rishonim rule?
The Rambam, Rif and the Shulchan Aruch rule like Rabbi Yehudah. For the Shabbos violator the Maaseh Shabbos is forbidden forever and for everyone else it only becomes permitted on Saturday night.
Tosfos and the Vilna Gaon, however, rule more leniently. They rule like Rabbi Meir who permits everything on Saturday night and does not forbid it at all if it was done B’Shogaig. None of the Rishonim rule in accordance with Rabbi Yochanan HaSandlar, however.
How does the Mishna Brurah, which is the final halacha, rule? He rules (318:7) that when it is l’tzorech – when necessary, one may rely upon the Vilna Gaon when the Shabbos was violated B’Shogaig. What about when it was violated on purpose? The Mishna Brurah does not state that one can rely on the Vilna Gaon’s opinion in such a case. The clear indication is that in cases of intentional Shabbos violation, the Mishna Brurah rules stringently .
There is also an issue of the vessel in which the food was prepared. Do we say that the vessel itself is also forbidden, as we say in regard to Bishul Akum, when a gentile cooks otherwise kosher food? Rabbi Yaakov Reischer, author of the Shvus Yaakov writes (Volume II #21) that in fact even the vessel is forbidden. He cites the responsa of the Rashba to back up this idea.
DEFINITION OF L’TZORECH
It is also interesting to note that the Mishna Brurah does not define for us what the exact parameters of l’tzorech are. Elsewhere, the Mishna Brurah (325:60) tells us that regarding Amirah L’Akum the parameters of “l’tzorech” are if one will not have hot food on Shabbos. One would have thought that the same definition would apply here. However, both Rav Elyashiv zt”l and Rav Shlomo Zalman Auerbach ruled more stringently (See Meor HaShabbos Vol. I 18:17). They rule that L’Tzorech means not having food at all.
DEFINITION OF B’SHOGEG
There are three types of Shabbos errors that would be considered B’Shogeg.
• If one thought that it was permissible to do this action.
• If one followed the ruling of a Rabbi, even though it turned out to be incorrect (See Mogen Avrohom 318:3).
• If one forgot that it was Shabbos (See Mishna Brurah 318:6).
Another question arises as to the status of a non-religious Jew. Is a non-religious Jew who violates Shabbos considered to have violated it willfully? Or perhaps we would look at him as if it is Shogeg since he may think it is permissible to violate Shabbos?
This question is most significant. If it is the latter, then when it is l’tzorech we could perhaps use the by-products of his Maaseh Shabbos on Shabbos itself. Another difference would be as to whether he, the Shabbos violator, is ever permitted to use the item in question.
BACK TO THE QUESTION
The Mogen Avrohom (in Siman 318:2) writes that it would appear to him that if the Shabbos violation was done for others, then they too are considered just like the person who did the Maaseh Shabbos himself. This would mean that, according to Rabbi Yehuda, if person X cooked the Shalach Manos for person Y, then the food is forever forbidden to both X and Y. It is only permitted to Z, after Shabbos. Z is someone who would never have received a Shalach manos from X.
Later on, however, the Mogen Avrohom seems to say that the Bais Yoseph in Yore Deah 99:5 indicates that in our case, it would be permitted for all others.
The Ksav Sofer (responsa OC #50) explains that the Mogen Avrohom’s change of heart refers to someone who generally observes Shabbos but will occasionally violate it on purpose. If, however, the person does not keep Shabbos at all, then the byproduct of his Shabbos violation is forbidden to them forever. We would therefore need more information from the reader as to what type of person it is.
If we examine the issue in Yore Deah, we find that there are two views as to how to understand this. The TaZ (YD 99:10 is lenient under certain circumstances, namely, if the recipient did not want what the violator had provided and is unhappy. The Pri Chadash and the Rivash are stringent.
THREE METHODS TO VIEW A SECULAR JEW
There are three different possible ways to look at the Maaseh Shabbos of a secular Jew, and one additional factor to discuss.
The Chazon Ish (YD #2) states that in our times every Shabbos violator is considered a “Tinok SheNishba” like a child that was kidnapped and is not to blame for his lack of knowledge. He is therefore considered to be Shogeg.
Rav Moshe Feinstein zt”l (IM OC I #33), however, was not so lenient. He writes that it is difficult to place all Shabbos violators in this category as there are many who have seen and heard about religious Jews and the Torah.
The Pri Magadim in his Aishel Avrohom (325:22) discusses the possibility that a Shabbos violator might even be treated as a goy in regard to this matter and the waiting period would have to be Bichdei Shayaasu – enough time to complete it after Shabbos.
Finally, Dayan Weiss adds a third issue and that is of Chilul Hashem. Even if halacha permits it, to benefit from Shabbos violation performed by a Jew is a grave desecration of the Divine Name. Thus, Rav Weiss forbids entering a bus that arrived moments after the Shabbos is over because it specifically left on Shabbos in order to arrive on time.
CHILDREN
What happens if a child performed the Shabbos violation? If he did it for adults, the Maaseh Shabbos if forbidden. (Biur Halacha 325:10). It is forbidden until Bichdei Sh’yaasu after Motzei Shabbos. If he did it for himself, then it would be permitted under certain circumstances to benefit from it. Rav Elyashiv, however, strongly objected to placing an item in front of a child so that he may play with it.
CONCLUSIONS
So what is the final answer here? It depends upon who the sender is, as seen above. These, of course, are general guidelines. You should consult with a Rav on any specific case.
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One Response
Lichvod HaRav Hoffman, Shlita
If I remember correctly, I believe that a Mitzvah habaah b’avairah applies only in a case where the actual maaseh itself is both a mitzva and an Avairah. For example, using a stolen lulav. The shaking of the lulav is both G’neiva and Netilas Lulav. The only way it seems to me (lfi Aniyus daateh) that this could be a Mitzvah habaah b’avairah is if we consider the dirabanan of being Nehinei from Chilul Shabbos as the Avairah here. Is that what the Rav means to say?
If so, question – what is actually Asur from Chilul Shabbos? Is it only being nehinei in the manner that the issur was done for (such as cooking to eat, weaving for clothing, etc) or are all forms of Hana’ah Asur? If the later, why are others allowed to be Nehinei after Shabbos (this is the way I believe the final psak l’maaseh is)? Isn’t he Nehinei from their eating?
If the prior, there might be room to say B’de’avad he is yotzei Shaloch Maanos.
Darech Agav – Concerning chilonim, the only case we could be talking about is where he bought food on Shabbos. A Chiloni has no ne’emanus and thus his food must be considered treif. Thus, the recipient can’t eat it and if he can’t eat it the Chiloni can’t be yotzei the mitzvah of Shaloch Manos (not to mention that the Mishna Berura holds Mitzva Tzrechas Kavana).
If we hold that he bought the food on Shabbos, then the purchase is only an Isur D’Rabanan and the question then arises is the Isur Hana’ah from Isurei Shabbos only on D’Oreitas or even Isurei D’Rabanan? There will most likely be the Isur of Hotzah, but that would most likely be considered a Shogeg being that he most likely doesn’t have specific Da’as to violate Shabbos when doing so.
Just food for thought.