[Avodah] If you have an electronic water meter, can you turn on your faucet on Shabbos?

[Marty Bluke]

A number of people suggested that this should be permitted because it is a
psik reisha d'lo nicha lei on an issur d'rabbanan. I would like to raise 2
issues with that premise:

1. Is this really lo nicha lei? Everyone would agree that you cannot
disconnect the meter before shabbos and use the water because you would be
stealing from the water company. Therefore, the meter recording how much
water you used is nicha lei.  If the meter didn't record your use the
company would not be able to charge you and you wouldn't know how much to
pay, in essence you would be stealing. Therefore, you want the meter to
record your use to keep you from stealing.
2. It is not so clear that psik reisha d'lo nicha lei on an issur
d'rabbanan is permitted. R' Eider in his sefer on hilchos shabbos writes
that a psik reisha d'lo nicha lei on an issur d'rabbanan is assur. The
Shemiras Shabbos in the new edition has an introduction to Hilchos Shabbos.
In the text he doesn't discuss psik reisha d'lo nicha lei on an issur
d'rabbanan but in a footnote he quotes a number of Mishna Berura's that it
is assur. R' Willig in his sefer Am Mordechai on Shabbos, wanted to make
the following distinction by psik reisha d'lo nicha lei on an issur
d'rabbanan. He said that if the issur is ikkaro min hatorah and it is only
d'rabbanan for a technicality (melacha shein tzricha legufa, shinui,
mekalkel, etc.) then psik reisha d'lo nicha lei on an issur d'rabbanan
would be assur. But if the issur is ikkaro midrabbanan like electricity
then psik reisha d'lo nicha lei would be mutar.
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