21st Century Rabbi Zvi Sobolofsky Challenges: , RIETS and Rabbi, Congregation Ohr HaTorah, Bergenfield, NJ Rabbi Sobolofsky studied at Yeshivat Kerem B’Yavneh and and received semikha from RIETS and Home Automation earned a Master’s degree from the Azrieli Graduate School of Jewish Education and Administration. He was a fellow of the Gruss Elyon and then went on to teach in YU’s Stone Beis Medrash Program before being appointed as a Rosh Yeshiva. He is the author of Reishis Koach on Maseches Bechoros and The Laws and Concepts of . He also lectures at the Bergen County Beis Medrash Program (BCBM) housed at Congregation Bnai Yeshurun in Teaneck, NJ. Compiled by Elly Deutsch

ELECTRICITY AND SHABBOS: PAST, PRESENT AND FUTURE

he Torah (Shemos 35:3) Past began using lightbulbs instead. Does teaches us “loh siva’aru aish the prohibition of “loh siva’aru aish” b’chol moshevosaychem b’yom What did the prohibition in this verse include such innovations as well? If THaShabbos” — a flame shall not refer to in the past, at the time of an electric light is the equivalent of burn in your midst on Shabbos. We Matan Torah? In ancient times, fire aish in the Torah, then turning on an cannot kindle a flame on Shabbos. was created by rubbing two sticks or electric light on Shabbos would be a This prohibition, based on a stones together. Chazal (Pesachim violation of the melacha of hav’arah. commandment from Hashem many 54a) tell us that this is how the first fire If, however, an electric light is not the years ago, has ramifications today and was created by Adam HaRishon. The equivalent of aish, then perhaps it is will continue to be relevant in the basic notion of “aish” was the lighting permissible to turn on such lights on future. Hashem transcends all time of a flame, whether its source of fuel Shabbos. and therefore, when He uttered these is oil, wood or something else. To In order to determine whether words to Klal Yisroel, it included start such a flame or to add to such a electric lights constitute the Torah’s everything from the sticks and stones flame on Shabbos is an outright Torah definition ofaish , we have to go of the days of Matan Torah, to the prohibition. The question as to what back to the basics and figure out lightbulbs of Thomas Edison, to exactly constitutes aish became more the defining aspects ofaish . What whatever new inventions the future complicated when people stopped is it about “loh siva’aru aish” that is has in store for us. lighting their homes with candles and

14 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 prohibited? We can understand this as such, turning on a fluorescent bulb then action B occurs as a result? in one of two ways. It could be that might also constitute a melacha on the There is amachlokes haTanoim aish is anything that gives off light or level of D’Oraisa. (Shabbos 133a) between Rebbe provides heat. Alternatively, it could Yehuda and Rebbe Shimon that is a Regardless of whether lighting the be that another crucial element of running theme throughout Maseches particular light constitutes aish, it is is that there is something that’s in regard to a aish nevertheless prohibited to turn on Shabbos davar she’ayno being visibly consumed by the fire. Is . A any electric device, including lights. miskavein davar she’ayno miskavein this second dimension of fire, that the is when a person performs action According to the Chazon Ish (O.C. fuel is being consumed, an integral A which is permissible, but which 50:9), completing an electric circuit aspect of or not? The practical then unintentionally results in B, aish violates the Torah prohibition of difference is whether turning on an which is prohibited. The classic boneh, while many other poskim electric light violates the example of melacha assume that the violation is only davar she’ayno miskavein of . When you turn on a is dragging a bench on the ground hav’arah rabbinic in nature. According to light, there is nothing being visibly outside. Assuming that there is an these poskim, turning on a light consumed, so if consumption is an , there would not be an inherent that contains glowing hot metal is a eiruv essential component of aish, we could problem with dragging the bench. Torah prohibition (hav’arah), while theoretically argue that an electric However, when a person drags the turning on other devices is a rabbinic light does not constitute . bench, it is possible that he could also aish prohibition. This is an important dig a hole in the ground. Digging a To address this question, Chazal distinction that is relevant for the next hole is a violation of the of (Shabbos 42a) describe a piece section. melacha of metal that is so hot that it is choresh (plowing). If the person who is dragging the bench knows of the glowing. The glowing hot metal is Present possibility of the hole being made, not consumed, and yet according to but does not intend to make a hole, many of the Rishonim is considered Over the last few decades we have then that is called a davar she’ayno to be aish. Indeed, this is the opinion faced another layer of complexity. In miskavein. According to Rebbe that we follow as a matter of halacha earlier times, if someone wanted to Yehuda, a davar sh’ayno miskavein is (Rambam, Hilchos Shabbos 12:1 get something done, a physical action prohibited, but Rebbe Shimon argues and Avnei Nezer, O.C. 229). This was necessary in order to get the that it is permissible. We follow Rebbe is the closest example in Chazal to desired result. For example, if a person Shimon’s opinion and therefore, it the modern incandescent lightbulb, wanted to light a fire or turn on a would be absolutely permissible to which involves lighting a filament light, that person actually had to strike drag the bench. that is a glowing piece of metal. As a match or flip a switch. However, such, the fact that the metal is not with the rising popularity of motion The Gemara Shabbos( 103a) quotes being consumed is irrelevant, and this sensors, a person can turn on a light Abayei and Rava who qualify this and constitutes aish on a level of D’Oraisa. without taking any physical action. A say that a davar she’ayno miskavein is In terms of halacha, when electric person can walk near a sensor, which only permissible if the person is not lights were invented, there was a clear automatically turns on the light. Is certain that B is going to happen. If, consensus view among the Gedolim this passive action also included in however, the person knows that B is in Europe that it is an absolute Torah the prohibition of “loh siva’aru aish,” going to happen or, according to some prohibition to turn on an electric light or is this something else? Moreover, opinions, even if he is fairly certain on Shabbos. This question became a when a person walks past a sensor, that it’s going to happen, then Rebbe little more complicated as the years he may not even want to turn on the Shimon agrees that it is prohibited. went on because fluorescent bulbs and light. Does the intention to achieve a This is known asp’sik reisha. LED lights don’t have a metal filament particular result make a difference? The Gemara then expands on this by in them to provide light. Many This is a general question when it trying to determine when something fluorescent bulbs do use heated metal comes to Hilchos Shabbos: What is really considered a p’sik reisha. If as part of their starter mechanism and happens if I perform action A and you do A and you know that B is

15 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778 going to happen and are content with There are a number of different an action. Tosfos (ad. loc. s.v. Rav outcome B, then that’s called a p’sik opinions regarding this type of a Yochanan) explain that if moving the reisha d’nicha lei. In this situation, situation. lips results in an action happening, it is as if you performed action B then that’s called an action in halacha intentionally. But what if it’s a p’sik Future and therefore, if a person screamed reisha d’lo nicha lei — it is unintended in order to prevent his animal from and unavoidable, but you don’t really Motion sensing devices are fairly eating while working in the field, he care about the result? ubiquitous in contemporary society would be culpable. This is the subject of a dispute among and questions surrounding p’sik It would seem that we could apply the Rishonim. TheSefer HaAruch (s.v. reisha are asked regularly, with new what we learn from this case to Savar no. 5) says that a p’sik reisha permutations as new technologies turning on lights by way of speech. If d’lo nicha lei is permissible. However, emerge. Thep’sik reisha questions a person speaks and the moving of the many of the Rishonim, including relate to the relationship between lips results in the lights turning on, Tosfos (Shabbos 103a s.v. Lo Tzricha), our actions and their unintended then we could argue that it is called disagree with him and say that a results. Yet there is a new category an action and would be prohibited on p’sik reisha d’lo nicha lei is not totally of technology emerging that causes Shabbos. permissible, and is prohibited on a us to question what is considered an “action.” Voice recognition devices There are other issues involved in rabbinic level. As a matter of halacha, turning on lights via speech, such we generally follow the view of Tosfos. such as Amazon’s “Alexa” allow us to turn lights on by simply saying the prohibition of “daber davar.” The How does this play out in terms of “turn on the lights.” The popularity verse in Yeshaya (58:13) says that we walking past a sensor on Shabbos? of this technology is growing. If our are not allowed to speak about doing When a person walks past a sensor interactions with electricity in the melacha on Shabbos. This is one of knowing that it is there, and it turns future will be with our voices, it is the reasons why it is prohibited to on a light, that is a p’sik reisha. The important to explore what halacha ask a non-Jew to perform melacha on question is whether the person cares says about this. Does speaking Shabbos. As such, speaking about that the light was turned on or not. constitute an action that is prohibited turning on lights would seem to be If he turned on the light in a dark on Shabbos? another issue that applies here. place, then he is probably content The words loh“ siva’aru aish b’chol with the light turning on, and so it’s The Gemara inBava Metzia (90b) moshevosaychem b’yom HaShabbos” considered a p’sik reisha d’nicha lei talks about the prohibition against muzzling an animal to prevent it from were given to us at Har Sinai and they and is prohibited. But if the light was still apply today. On January 1, 2000, turned on in a place that is not so eating while it is working (Devarim The New York Times published an dark, and the person did not really 25:4). What is the halacha if you edition of what they thought The New care to have the light on, then it’s don’t physically muzzle the animal, York Times would look like on January considered a p’sik reisha d’lo nicha lei. but “muzzle” it in that whenever it is about to eat, you scream in order to 1, 2100 and on the bottom of the front This is still problematic. However, page, there was a reminder for Jewish there is a machlokes haRishonim frighten it and thereby prevent it from eating? We follow the opinion of Rav women to light Shabbos candles. They regarding a p’sik reisha d’lo nicha lei, in knew that in the future, Jewish women which the unintended result is itself Yochanan who says that one would receive lashes for doing such a thing. would still be lighting Shabbos only a rabbinic violation. If the light candles on Fridays. The reason there that turns on is an incandescent bulb To be culpable for malkos (lashes), one must perform a lav she’yaish bo is a specific mitzvah to light Shabbos or a halogen bulb, this machlokes is not candles is because we can’t light relevant and it would be prohibited. ma’aseh — a physical action. Chazal candles on Shabbos. The words loh“ But if the light is an LED light, and say that the action in this case is the siva’aru aish” are as true today as they the unintended result is only rabbinic moving of the lips. This is a tricky statement, because we know that in were in the days of Moshe Rabbeinu, in nature, then there would be more and will be true in the future as well. room to be lenient in such a case. other areas of halacha this is not true. Sometimes speaking is not considered

16 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Shavuot 5778