Chapter 1: What is the main topic discussed in this episode?
Good afternoon everybody.
Chapter 2: What was the context behind the new apartment building in the Frum community?
So yesterday someone came over to me in the basement and told me that there was a new apartment building that was just built in a very prominent Frum community. And apparently the way it was built was that there was a Jewish builder, non-religious Jewish builder, who had a lot of non-Jewish craftsmen or whatever, builders working for him.
And they put up the building and it's a beautiful building in a wonderful neighborhood. And someone went to one of the prominent rabbis in the neighborhood and asked him, oh, and then the building was sold to a Frum Jew, I think. I think that was the story.
And then someone asked one of the prominent rabbi in the neighborhood, you know, what he thinks about the building, and he said, it's usher to ever set foot in there. So the Shaila is, why would it be usher to ever set foot in there? What would be the issue? I should have mentioned, the non-Frum Jewish builder who had it built, the building was going on on Shabbos as well.
So where does this come from? So where it actually comes from is a line in Shulchan Aruch I'll read it to you. The proper thing is to be machmir, never to go into that house. Asr to set foot in it. That's what the rabbi said. So now there's a difference between asr and nachon lahachmir, granted. But still, Shulchan Aruch doesn't say, he just quotes, that it's appropriate to be mechmer.
The Mishabura adds that that applies not only for the Jewish family that the home was built for, but for any Jewish person, the Mishabura says, it's mechmer never to go into it. So the Maganav Ram in Siv Katan Yud over there writes, however, that if the way it was built was with a contract arrangement and not with a schir yom arrangement, then it's going to be mutter.
Most of the time contractors work with, they're called contractors, right? They work with a contract arrangement, not with a schir yom type of arrangement. Now, what's the background to all of this? So the background is as follows. There is a broader suggah called Maisa Shabbos.
The Gemara G'subas Tavlam Adalid tells us that there's a machlokas, whether Maisa Shabbos, when a Jew does malacha for you on Shabbos, is that a nisr dal raisin to get benefit from and a nisr drabanon to get benefit from it. We pass on its nisr drabanon.
And the Gemara in several places, in Baba Kama, in Ksubas, and in Chulun, has a dispute between the three-way Machlok As-Tanayim as to the parameters of the Isra of Maisa Shabbos. One Shita is the Shita of Rab Meir, and that is that if the Malacha was done by Shogay, then there's no Yisr whatsoever.
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Chapter 3: Why did a prominent rabbi declare it forbidden to enter the building?
You can get benefit. The case is Mevashel B'Shabas. If someone cooked on Shabbos B'Shogeg, you can get benefit from it right away, says Rebbe Meir. But if it was done B'Mezid, then you're not allowed to benefit until Motsoi Shabbos. Then you can eat the cooked food. Rebbe Yehuda disagrees. He says no.
you're never allowed to benefit from something that was done on Shabbos, on Shabbos, but you have to wait until Mosai Shabbos, even if it was done b'shogig. But if it was done b'mezid, then the person who did it can never get benefit from it, and everybody else can get benefit on Mosai Shabbos. And then Rabbi Yochanan Sanders says, the most machmir, that if it was done b'shogig,
Other people could benefit from it, I'm not saying Shabbos, the guy who did it could never benefit from it, but if it was done b'mezed, it's us or forever for everyone. No one is allowed to get benefit from it. So how do we paskin? So one thing that everyone agrees is we don't paskin like the most machem yashita. We don't paskin... like Rabbi Yochanan Asanter.
The Rambam, the Riff, and the Shulchan Aruch Paschkin, like the middle view. And that's why in Shulchan Aruch Tzemeshin Yul Chasiv Aleph, Shulchan Aruch writes, If a person did Bishel or any of the other Malachas of Shabbos, If he did it b'mezit, he can't get benefit from it, but everybody else can as soon as Shabbos is over.
Chapter 4: What does the Shulchan Aruch say about entering homes built on Shabbos?
And if he did it b'shogig, it's all going to be mutter. Tosos and the Vilnagon are even more meikil. They follow the most meikil opinion. Rabbi Meiru says that everything... is Mutter am Otsai Shabbos, and he doesn't ask her at all, even on Shabbos, if it was done b'shogig. Now, nobody passens like Rabbi Yochanan Sander, like the Mosmach Meshita.
Shulchanoch passens, again, like the moderate Shita. The Grav passens like the Mosmeikon, the Mishaburu says you can rely on the Vilnagon in a Shasad Chak. So you have to figure out what a Shasad Chak is.
But at the end of the day, everyone would agree that if the normal rules of Maisa Shabbos is that if a Malacha is done on Shabbos, by Motzai Shabbos, you should be allowed to get benefit from it. By Motzai Shabbos, a person, on Shabbos you can't, but by Motzai Shabbos, you should be allowed to get benefit from it, especially if you're not the person... that the Melechah was done for.
So where did this thing come from that the Shulchan Aruch says, by a house, the Nachol Nahachmir, no one should ever go into the house? It's so much more chamor than both Rabbi Yehuda and Rabbi Meir. And not only that, the Magan Avram writes, even after Bekatei Sheyasu, it's not just that you wait the amount of time it would have taken to have it built had they not been building on Shabbos.
No, forever, the Magan Avram says. That's what it means, forever. You're not supposed to go into it. Mishabur and Sivkat Niyata says that when the Chai Yadam writes, that for a cheirim, it's muter, after b'kdei sheyasu, that's only speaking Mechradin. But the Nachon Mahachmir is, nobody should ever go into it. So there are two places where this comes from.
One place is the Gemara in Gittin, Dafnun Gimel. The Gemara in Gittin says that if you're noteya or zoreya on Shabbos, then you need to uproot it. Now, that's surprising. We just learned the whole sugya, that if you're mevashel on Shabbos, you don't need to throw it out. You just need to wait X amount of time. But no one says you need to throw it out. So where does this come from?
Notea or zarea on Shabbos? You need to uproot the whole nutia, the whole zria. So there are four mahalchim as to why there's a difference between planting on the one hand and cooking on the other hand. And then we'll have to plug in building, right? Where does building fit in that chilik? So one mahalich, Zibir Alachis, says,
that you're only able to benefit on Matzai Shabbos if the knas is evident on Shabbos itself. If you cook a delicious steak on Shabbos and then you don't eat it for the rest of Shabbos, it's very evident that there's a knas in place. So then you can benefit from it on Matzai Shabbos.
But when you plant something on Shabbos and then you don't eat the delicious fruits that grow from that on Shabbos, it's because there are no fruits yet. Meaning it takes a long time for things to grow.
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Chapter 5: How does the Mishabura's interpretation affect the ruling on entering such homes?
So there's no knas that's evident at that time. Now, if you were to apply that to building, where does building fit? Is that more like Bishl, or is that more like Notaya? So it seems it's a little bit more like Bishl, because as soon as you finish building, you have something. Every Malacha that you did, you have it. And then you're not using it the rest of that Shabbos.
A second Mahalich is the Sheetah, the Tos Yom Tov, and the Tfer Yisrael, and the second part of the Masech Shumas. That a plant can be uprooted. A cooked food, you can't undo the cooking.
Chapter 6: What are the differences between various opinions on the prohibition of benefiting from Shabbos work?
You can't turn it raw again. You can't say, ah, I shouldn't have cooked this steak. Snap your fingers, now it's raw and it's bleeding again. It doesn't work that way. Whereas a plant, you can undo it. Wherever that put building... like a plant or like a, that would seem to put building in the category of a plant. You can unbuild. Bona and Sosa are our twin, right? They're opposite milachos.
You can destroy it. Then there's the Mishra Rishonah that says, on the Mishra Masech Shumas as well, that you can make, we make a knas based on what your intention is with the milacha. When you cook, you only want it for that day. So we make you wait. When you plant, you want it to last for a long time in the future. So we uproot it because your intention is that it should be forever and ever.
Where does that put building? the intention is probably also that it should be forever and ever, right? So that would put building in the same category as planting. Then there's the Mahalikha, the Staipler. The Staipler in Kilos Yaakov suggests that the effect of the planting keeps on going after Shabbos, meaning your Malacha keeps on aggravating itself.
You did a Malacha on Shabbos, and then it keeps happening, because it keeps growing, and it keeps taking further root in the ground, even after Shabbos is over. So uproot it, stop it, stop it from happening already. So it's a dynamic thing. Whereas when you cook, you cook, and then it's over, then it's cooked. So where would that put building? In the category of cooking, right?
Meaning the building doesn't continue to develop on its own after you finish building. So Rabbi Silberstein has a tshuva where he tries to suggest that whether there's actually an isser to go into a house that was built, or whether you have to destroy the house that was built on Shabbos, will depend on these four mahalchim.
But if you look in the Beis Yosef, on that se'if in Shulchan Aruch, and you look back in the Beis Yosef where the mechaber is actually coming from, where he's actually coming from is not from there.
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Chapter 7: What is the significance of the Machlokas regarding Maisa Shabbos?
It's from a Gemara Moed Kat and Dafyud Beis, where the Gemara says that somebody built a house for Marzutra Breda Rav Nachman outside the Tchum, and Rav Safra and Rav Huna Bar-Chinna wouldn't walk into the house. Now, Kablanos outside the Tchum is technically Mutter. But it's not appropriate for an adam chashuv to go into the house. Appropriate for an adam chashuv to be machmir.
And that's what it's based on. That's what this halach is based on. That even though, strictly speaking, there's technically no isser, but an adam chashuv should be machmir. The Rabbin Yeruchim says, you see, from here, you shouldn't go into a house that's built by isser.
Now, the Raivetz says that the case wasn't really a Kablanitz case, because if it was a case of Kablanitz, where you're just paying the person for the job, then they would have gone in. Then they wouldn't have taken this extra Chumrah.
But the rationale is that apparently when you build a house, it's something that's very much B'Farhesia, and therefore an Adam Chashuv should be very strict about it. So even though it's proper not to live in such a house or use it, you would be allowed to sell it. You'd be allowed to get benefit from it, the Mishra Guru writes. How long does the Isser stay in effect?
So it seems, until you either destroy the house, or redo the house, remodel the house, or until no one remembers that it was built on Shabbos. And that will take a long, long time. Rabbi Silberstein has a discussion of a balchuvah. Rabbi Silberstein was asked, a guy was a balchuvah, and he would work, he was an Israeli, so he was off on Shabbat anyway, but he was very handy.
So every Saturday he would build his house. He would just build a little more of his house every single Saturday. And then he became a balchuvah. And now he wants to know that he has to burn his house down. Meaning like his entire house was built on Shabbos. So Zilberstein put together a number of tzadim. He says that. And he goes through that analysis of the four sheaths as I said before.
Here are the Heterim. The Ramah writes that If you tell the non-Jew, I don't want you working on Shabbos, and he does it anyway, then you don't have to worry about it. He didn't listen to your instructions. You tried your best. The Ramas says, then you don't have to worry about this. Second of all, the Magna Avram says that this is all when Maisa Shabbos was violated.
But by a Kablan, there really is Meikra Adin, not a Maisa Shabbos issue when it's Kablan. It's when you're just paying him as a contractor for the job. It's only a Maris Ha'ayin issue. It's not a real Amir al-Anakhri issue. So it could be Meikra B'diavid. Rameisha writes this way in the Tshuva. That's the Ikra Kula over here.
Ramos writes in Cheil Gimel, he's dealing with also a more complicated case, there were six partners and only one of them was from, and he told them he doesn't want them instructing the contractor to work, and the other five partners said, uh-huh, uh-huh, and then they told them to work on Shabbos anyway. He had a more complicated situation.
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