The Chachamim in the mishnah allow digging an amah on shevi'is. They reject both the sevara of nira'ah k'oder and the sevara of machshir agfei l'zriah. Tosafos seems to imply that the sevara of looking like oder which is R' Elazar d'rabonon concern, the Rabonon simply don't hold of. The same would be true if machshir agfei l'zriah would just be that it looks like plowing, the Rabonon can easily not hold of it. But, if the concern of machshir agfei l'zriah is that it is an actual melacha of plowing that is done through a pesik reisha, the rabonon have to hold that it is mutar bec. of a shinuy. Since the melacha of plowing is done with a shinuy, it is not a melacha, and mutar.
Although the Rabonon hold that the fact that it is a shinuy removes the prohibition of plowing during shevi'is, on chol hamoed one cannot build a new amah. Shinuy helps by shabbos or shevi'is to remove an issur melacha, but chol hamoed which is an issur tircha as the gemara points out, the fact that the melacha is done through a shinuy doesn't matter, it is still assur.
It is important to note that even in the context of chol hamoed we find that chazal also said that melachas u'man such as writing is assur. This is clearly an issur melacha and therefore shinuy would help.
No comments:
Post a Comment