Sunday, September 15, 2013

Removing The Preventative Force - Two 'Rogorchovian' Proofs

There is a basic questions that has faaaaaaaaaaarrrrrrrr reaching ramifications in different areas of halacha. Is הסרת מונע - the removal of something preventative, considered a positive action. One example would be the question of removing water from a full hot water tank which will result in cold water entering and the subsequent "cooking" of the water. If הסרת מונע is considered an action then the removal of the water which prevented more water from entering would be considered a melacha even if he didn't directly pour the water in.

Another example would be raising the shades on Shabbos to allow sunlight in which would enhance the growth of the plants [called "zorea" in the beis medrash]. The shades are מונע - preventing the sun from shining on the plants and by lifting them one is removing this preventative force. If one is connected to a life support system and one "pulls the plug" one can argue that this is הסרת מונע - he is not actively killing but removing the force preventing death. There are many, many more examples.

The Heilege Rogochover Gaoooiiinnnnn cites two gemaras to prove that הסרת מונע is deemed an action.

1] If one removes a stone from the fence of a field allowing it to be filled with water it is considered a chazaka on the field even though he was just מסיר the מונע [i.e. the stone which prevented the water from watering the field]. [Bava Basra 53a]

2] The gemara says that if one shechts an animal with a water powered wheel [which was also quite sharp] it is a kosher shchita. The gemara contrasts with a source that says that the shchita is invalid. The gemara reconciles [that is the gemara's expertise:-)] that when one originally removes the wooden board that prevents the water from powering the wheel for the first spin, the shchita is valid. This is called כח ראשון - the first source of energy. When the wheel turns the second time the shchita is invalid. This is called by our Holy Talmud - כח שני. כח שני is not considered an act powered by a human being and thus the act is invalidated. But כח ראשון of הסרת מונע is considered a valid action [Chullin 16a].

I have not words to describe how much has been said about this topic. If you want to read a breathtaking tshuva on the topic, see Rav Ovadia Yosef Shlita in Yabia Omer 4/35 and the dozens or hundreds of sources quoted.      

I hope to revisit this topic in the future, if not on these pages then elsewhere Im Yirtzeh Hashem.

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