Friday, December 25, 2015

The Difference Between Shogeg and Mit'asek

The Difference Between Shogeg and Mit'asek
Day: Friday
Date: December 25, 2015
Parshat: Vayehi
Yalkut Yosef: O"H: 318

With regards to Shabbat, a melacha is only considered to be a shogeg, loosely translated as an accident, if the person doing it was under the impression that what he was doing is okay to do on Shabbat or if he didn't realize that Shabbat started yet or didn't yet end. If he did the melacha because he was following the ruling of a Hacham that is known to be proficient in those laws but who erred in that ruling, it is also considered to be a shogeg. However, if he asked a Rabbi that is known not to be proficient in that area and the Rabbi turned out to be wrong, it is considered to be an intentional transgression since he should have known better. If he completely did not intend to do a melacha but rather it just happened, such as a person who walked into a room on Shabbat and reflexively turned on the light, it is called mit'asek and it is debatable whether or not he has done anything wrong at all.

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