txt/Responsa/Acharonim/Melamed Leho'il Part I/English/merged.txt

Melamed Leho'il Part I
מלמד להועיל חלק א
merged
https://www.sefaria.org/Melamed_Leho'il_Part_I
This file contains merged sections from the following text versions:
-Sefaria Community Translation
-https://www.sefaria.org

Melamed Leho'il Part I

Publisher's Foreword



Introduction







Siman 1



Siman 2



Siman 3



Siman 4



Siman 5



Siman 6



Siman 7



Siman 8



Siman 9



Siman 10



Siman 11



Siman 12



Siman 13



Siman 14



Siman 15



Siman 16



Siman 17



Siman 18



Siman 19



Siman 20



Siman 21



Siman 22



Siman 23



Siman 24



Siman 25



Siman 26



Siman 27



Siman 28



Siman 29



Siman 30



Siman 31



Siman 32



Siman 33



Siman 34



Siman 35



Siman 36



Siman 37



Siman 38



Siman 39



Siman 40



Siman 41

<b>Question:</b> I received a question from the great and scholarly Rabbi Moshe Barabash, born in Russia and currently in the city of Saarn, who was forced to sit for some years in a foreign land, wandering from place to place. He now has permission to travel back to his kids’ place, but the journey might take seven days and he might be forced to travel on Shabbat in a train, and they may not allow him to take a break on his trip. So the question is if he is allowed to go on such  a trip. He found some reasons to be permitted and they are the following:
1. The central aspect of this prohibition is the Rabbinic  “ Limits  of Shabbat” . Even according to the RAMBAM’s opinion, that walking beyond 12 Jewish Miles is forbidden according to Scriptures,  this refers particularly to a proper public domain, but we do not have a proper public domain anymore. (cf. Orach Chayim 345, 396 and 404 and it is explicitly written in the Shulchan Aruch Harav of Rabbi Miliadi, chapter 404, Seif 2, see there).
2. The Shulchan Aruch rules, in paragraph 248, that for the purpose of a Mitzvah it is permitted to leave on a convoy, even on Shabbat eve, and even if one will need to desecrate Shabbat. Even though the Magan Avraham commentary writes in footnote 12 that if one definitely has to to desecrate Shabbat, it is forbidden to go. But all of that is regarding Torah law, but here the limitation is d’rabbanan. And more so in our case here: There is perhaps a possibility that they will allow me to leave the train on the Holy Shabbat. And see also the Shulchan Aruch HaRav of Chabad Chapter 248, where it is written that we do not protest against those who are lenient.  
3. In our case here, it’s a mitzvah to travel to one’s children to raise them, and to educate them in Torah and to provide for them.  All the more so according to the opinion of Rabbeinu Tam , who holds that <i>everything</i> is considered to be for the purpose of a mitzvah, unless it’s only for leisure.
4. And even though <i>a priori</i> one needs to stop or take a break at the start of Shabbat, in any case, in a place where it is impossible or in a pressing situation, this doesn’t stop you. As we see in Shulchan Aruch HaRav 2:248 section 1, and see the collected essays there.
5. The opinion of the Rashbam in Eruvin 43a, quoted in the commentary of the Rosh on the first chapter of Masechet Shabbat, is that it is permitted to travel on a ship and on a coach on Shabbat. And even if we don’t hold  like the Rashbam, in any case  we can still add his opinion to our answer. 
<b>Response:</b> According to the aforementioned reasons, this journey is absolutely permitted, with no reservations, in these pressing circumstances and for the purpose of this great mitzvah. However, allow me to add a few comments to strengthen the permission:
1. Also the great Rabbi Akiva Eiger wrote in his glosses to the Shulchan Aruch, that according to what the Hagahot Maimoniot wrote, and was also written by the Beit Yosef in the name of the Rashbam’s responsa, that in these days that city limits are not scriptural since the city is like a Carmelit, and carrying is forbidden on a rabbinic level, it makes no sense that walking beyond the limits would be forbidden and not carrying, on a scriptural level.  According to this reasoning, since nowadays we do not have public domain, we also do not have scriptural “Limits” and if so, even the case of the limits beyond 12 Jewish Miles are also only according to the Rabbis. See also Et Sofer Orach Chayim 56, and Beit Yitzchak 42 in the name of Zera Emet who disagrees.
2. Look at the Responsa Bet Efraim in Orach Chaim 26 (43b), who brings some Rishonim who hold that nowadays we do not have a Public Domain anymore, and who writes that no human being has the power to object to the custom to be lenient in some aspects of  taking something out, <i>hotzaa</i>, on Shabbat because nowadays we lack a public domain.
3. What you said, in paragraph 5, basing yourself on the opinion of the Rashbam, also the R. Moshe Sofer, Part 6, Chapter 96 wrote in his responsum about the opinion of Rashbam: “Apply it in times of need.” It seems to be his intention that this can be added.
4. Regarding what you quoted in the second section of your letter, about the opinion of the Magen Avraham on Orach Chayim 248, who says that if you will definitely transgress Shabbat it is forbidden to go out [in a convoy] - the Eliyah Rabba already wrote in footnote 12 that we do not budge from the original ruling of the Shulchan Aruch. This is also the opinion of the Levush, and it also seems from the Rivash that he also holds that it is permitted to go out, even if you know that you will definitely transgress Shabbat. If so, the Gates of Permission are open before you, and may you go out and travel in peace. May God be with you, and may you succeed in raising your children to dwell in Torah, in marriage and in acts of goodness. This is what I wrote, wishing you peace, sending you love and respect - David Zvi Hoffmann.
However, as to that which you wrote, that we don't have public domains on a biblical level in our times: take note of Et Sofer I:56, Orchot Chayim 345 and what is noted there, and Kontras Kundasi by R. Zvi Plato from p.83 onwards, who proved that we actually <i>do</i> have public domains on a biblical level nowadays. In any case, I do not revert my original ruling, based on the other reasons given.