[Aspaqlaria] Comments for Aspaqlaria

[Comments for Aspaqlaria]

Comments for Aspaqlaria

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Comment on Changing Name by Jacob Farkas
 
Posted: 12 Nov 2006 02:38 PM CST
http://www.aishdas.org/asp/2006/11/changing-name.shtml#comment-115


The key to Shinui Hasheim is as explained in the second paragraph, changing the object itself to the extent that there is a Shinui HaSheim is an extension of Shinui Maaseh, albeit in a smaller scale, in both cases the current object is not the object as it was at the time of robbery, and restitution -by way of returning the object as stolen- is impossible, thus requiring the thief to pay in lieu of returning the stolen object, and by default he is the owner of the current object. In other words, the Qinyan of Gezeilah is one that establishes a monetary obligation of vheishiv [es haGezeilah], versus other forms of Qinyan that are beneficial to the person who acquired the object. This is a Qinyan that is to the detriment of the thief.

Nevertheless, there are parameters to Shinui Hasheim. Unlike Shinui Maaseh, Shinui Hasheim does not affect a Qinyan on its own, requiring Yiush or other factors with which to combine. 

The Halakhah of (actively) melting ice on Shabbos vs. actively melting frozen juice is not merely a matter of linguistics. Ice is a generic product, used for chilling anything and everything. Taking such a product and converting to water is more than just a mere state change, it is as if (some Rishonim are specific that it only appears to be Nolad, and thus prohibited) you created a new product altogether, subject to the Halakhos of Nolad on Shabbos.

Fruit juice, milk, or other frozen beverages, are mere state changes. That ice and water have different names altogether, highlights the difference in function, but is not the reason, per se, that Nolad should or shouldnt apply.




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