Thursday 30 June 2016

halacha - Melachah on Shabbath - after Shabbath


If Melachah was done on Shabbath, can the product of that Melachah be enjoyed after Shabbath, and if so, under what criteria (does it depend on how long after Shabbath, or on the need, or something else)?



Answer



Based on Mishna Berura and Biur Halacha 318:



There are 3 variables which affect your answer:



  1. Did the transgressor know he was violating shabbos,

  2. Who wants to benefit, the transgressor or others,

  3. Was the act Bibically or rabbinically prohibited.


There are two opinions about benefiting from a shabbos transgression-


Rabbi Meir: If the transgression was done knowingly (meizid), all may benefit from the act only after shabbos. If the transgression was done unknowingly (shogeg), all may benefit immediately


Rabbi Yehuda: We are stricter with the transgressor- If he did it knowingly, he may never benefit. If he did it unknowingly, he must wait until after shabbos. (All others are the same as R' Meir.)


There is a difference of opinion as to who we pasken like. The Shulchan Aruch by cooking (318:1) sides with Rabbi Yehuda. The Gra maintains that he only paskened so for Biblical prohibitions, but by rabbinic prohibitions, there is no penalty for an unknowing violation. Th Gra himself paskens like R' Meir.



If you are a Mishna Berura man:


All knowing violations, whether Biblical or rabbinic, are prohibited to the violator always and for everyone else until after shabbos- like R' Yehuda


Rabbinic, unknowing violations are permitted immediately to all. Biblical unknowing violations are still forbidden to the transgressor himself until after shabbos- like the Gra's version of the Shulcha Aruch


All unknowing violation, Biblical or rabbinic, in cases of necessity, are permitted immediately to all- like the Gra who paskens like R' Meir


Additionally:


In a case knowing case where a non-Jew was employed to violate the melacha, there may be an additional penalty after shabbos- the amount of time it took to perform the melacha- so that there is no nominal benefit.


In a case where there is an argument whether there is a violation, there is no penalty and all are permitted to benefit immediately.


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