AIM: How Does Davar She'eino Miskavein Work In The Rest of Kol HaTorah Kulah?
Cases of Davar She'eino Miskavein In The Rest of Kol HaTorah Kulah:
Bio of The Bartenura:
R. Ovadiah Yare was born in Bertinoro (in northern Italy) circa 5200 (1440 CE) . He was a prominent student of the Maharik, the greatest Italian Torah scholars of the generation. In 5248 (1488 CE) R. Ovadiah arrived in Jerusalem, where he was appointed head of the Jewish community; in this capacity he strengthened the community both spiritually and physically. A commentary on Rashi on the Torah called Amar Naka has been attributed to him, but apparently was authored by his nephew and disciple, R. Obadiah b. R. Zecharya Hamone of Bertinora. Part of it was published as explanations attributed to R. Ovadiah of Bertinoro in the volume entitled Ba'alei haTosafot al Chamisha Chumshei Torah, with the commentaries of Tosafot and Riva (Warsaw, 1904) and has been entered into the data banks. He died in Jerusalem circa 5290 (1530 CE). His commentary on the Mishna is based primarily on Rashi's commentary on the Talmud; on the Rambam's commentary on the Mishna; and, in the orders of Zeraim and Taharot (where there is no corresponding tractate in the Talmud) on the commentary of RaSh MiShantz. From the time of its first publication (Venice 5308 /9 - 1548/ 9 CE) it has become the primary commentary on the Mishna, and has been printed in virtually all editions of the Mishna. Two well - known super - commentaries were composed in the generation immediately following R. Ovadiah - the Tosafot Yom Tov, by R. Yom Tov Lipman Heller of Prague; and the Melechet Shlomo of R. Shlomo Adani of Yemen and Jerusalem.
The Difference Between Davar She'eino Miskavein By Shabbos and The Rest of Kol HaTorah Kulah:
חידושי הר"ן מסכת סנהדרין דף פד עמוד ב
אבל באיסור מיתה לא הותר דבר שאין מתכוין. ואף על גב דהותר דבר שאין מתכוין באיסור מיתה דהיינו איסור שבת דאיכא סקילה האי טעמא משום דמלאכת מחשבת אסרה תורה.
Chidushei HaRan, Meseches Sanhedrin, 84b
By an issur missah, a davar she'eino miskavein is assur. And even though R' Shimon is matir by a davar she'eino miskavein by an issur missa, i.e. an issur Shabbos, where there is an onesh skilah, the reason is because the Torah assurs specifically a meleches machsheves.
Bio of R' Elchanan Wasserman:
R. Elchanan Bonem b"r Naphtali Vasserman was born in Lithuania in 1875, studied in Yeshivat Telshe under R. Shimon Shkop and R. Eliezer Gordon, and was known from his youth as a prodigy with a towering ethical personality. For a short period he transferred to Brisk and studied under R. Haym Soloveitchik. He married the daughter of R. Meir Atlas, one of the great Rabbis of Lithuania (and whose other daughter was married to R. Haym Ozer Grudzinski) , and studied and taught in different institutions. In 1907, he began to study in the Kolel Kodashim under the Chafetz Chaim in Radin, becoming his disciple. In 1921, he established his famous yeshiva Ohel Torah in the town of Baranowitz, Poland, and was an institution for young students. He was considered one of the leaders of the Yeshiva world and the Agudat Israel movement. R. Elchanan was murdered as a martyr by Lithuanians in 1941 in the city of Kovna, a few days after the Nazi invasion. He authored a number of books on various tractates under the title of Kovetz Shiurim. The data base contains the edition published by his son R. Eliezer Simcha Wasserman (Tel - Aviv, 1964 - 67). His Kovetz Hearot on tractate Yevamot was first published in 1936, and the Project now contains the Yeshivat Or Elchanan edition, Jerusalem, 2003.
קובץ שעורים כתובות אות יח
[דף ו.] תוד׳׳ה האי מסוכריא דנזייתא וכו׳. במחלוקת הערוך ותוספות בפסיק רישא דלא ניחא ליה, לכאורה נראה טעם מחלוקת זו דתלוי בטעמא דמודה ר׳׳ש בפסיק רישא, דיש לפרש בזה שני טעמים: א) כגון בנזיר חופף אבל לא סורק דסריקה היא פסיק רישא דיש לומר כיון שיודע דבסריקתו יתלוש שערות מיקרי מכוין לתלישה, אבל היכא דלא ניחא ליה עם כן אינו מכוין, ב) כיון דסריקה היא פסיק רישא לתלישה נמצא דתלישה בכלל סריקה, וסגי במה שמכוין לסריקה אף שאינו מכוין לתלישה דהתלישה נכללת בהסריקה, ואם כן אפילו לא ניחא ליה בתלישה אין לפוטרו משום אינו מתכוין דהא מתכוין לסריקה ותלישה בכלל סריקה כיון דאי אפשר לזו בלא זו, והיינו דאינו צריך כונה לגוף המלאכה אלא סגי במה שמתכוין להמעשה שהמלאכה נכללת בה בהכרח, ולפי זה הדבר פשוט, דלשיטה זאת אסור מדאורייתא בכל האיסורין לבד משבת דאין חילוק בין ניחא ליה ללא ניחא ליה.
Kobetz Shiurim Kesubos, 18
[Daf 6a] Tosfos: This covering of the barrel.... With regards to the machlokes between the Aruch and Tosfos by a p'sik reishei delo nicha leih, lichorah, it seems that the reason for the machlokes is taluy on the reason R' Shimon agrees by a p'sik reishei. There are two explanations for this: a) For example, by a nazir that cleans his hair, but he didn't comb it, since that would be a p'sik reishei, that since he knows that by combing he will uproot hairs it's called miskavein, but where it's not nicha leih it is eino miskavein. b) Since combing is a p'sik reishei of pulling out hair, it turns out that pulling out hair is included in combing, and it's enough for him to just intend to comb, even though he's not intent on uprooting hair, since the uprooting is included in the raking, and if so, even if it's not nicha leih to do the uprooting, he is not patur because of eino miskavein, because he has intention to comb, and uprooting is included in combing, since it's impossible to have one without the other, and that is, that he doesn't need intention for the guf hamelacha, rather it's enough in how he intends to do the maasseh, with which the melacha is included in it automatically, and according to this, the thing is obvious, that according to this shitah, it is assur mideoraisa by all issurim, except Shabbos, because there is no difference between nicha leih and lo nicha leih.
Bio of Or Same'ach:
R. Meir Simha ben R. Shimshon Kelonymos HaKohen was born in 1843 in a village near Vilna and lived for many years in Bialystok. From a very young age he was known as a Torah genius, in both breadth and in depth. In 1888 he was appointed rabbi of Dvinsk, alongside R. Joseph Rosen (the "Rogachover") who served as a rabbi of the Chassidic community. In 1906, after the passing of R. Abraham David Rabinowitz (Aderet, father - in - law of R. Abraham Isaac HaKohen Kook) the rabbinate of Jerusalem was offered to R. Meir Simha, but he declined, agreeing to the request of his community to remain in Dvinsk. He remained in Dvinsk even during the difficult years of World War I, and passed away there in 1926. R. Meir Simcha authored two well - known works - the Or Same'ach on Maimonides' Mishneh Torah, in four volumes published during 1902 - 26; and his Meshekh Hohmah, insights and commentary on the Pentateuch and Midrashim, which was first published in Riga 1927. In addition, some of his commentaries to the Babylonian and Jerusalem Talmudim have also been published, as well as a volume of his responsa. The Or Same'ah is one of the most prominent commentaries on the Mishneh Torah. The Responsa Project database contains the corrected edition of Or Same'ach published by Masoret Yisrael Institute (Jerusalem, 2002) , and his Meshech Chochmah, according to R. Yehudah Kooperman's edition (Jerusalem, 2002) . His commentaries on several masechtot of Shas were printed in a two volume set, Chiddushei R. Meir Simcha, which includes various addendums. It was published by R. Yehudah David Greenwald, Jerusalem 5727 (1967) . The database also includes his responsa, Teshuvot Or Same'ach, based on the Machon Yerushalayim edition, 5758 (1998) .