The 39 Melachos – Part 1: Background[1]
It is widely recognized that Halacha identifies thirty‑nine primary Melachos—categories of creative labor—that are prohibited on Shabbos. These thirty‑nine Melachos constitute the full scope of the Torah’s prohibition against performing melachah on the seventh day. Although the Torah[2] commands us to refrain from melachah, the verses do not explicitly define the term nor enumerate the specific activities it includes. Through the mesorah of the Oral Torah, Torah Shebal Peh, however, we have received that melachah refers precisely to these thirty‑nine foundational categories. This article will explore the classical sources for the number thirty‑nine, the origins of the individual Melachos contained within this system, and the halachic framework used to classify and analyze them. We will examine the origins of the thirty‑nine Melachos as derived from the labors performed in the Mishkan, exploring both the basis of their connection and the manner in which that connection is established.
- The source for the number 39 – How do we know there are 39?
Although the Torah[3] commands us to refrain from melachah, the verses do not explicitly enumerate the specific activities it includes. Through a tradition of Moshe at Sinai we received that the prohibition of melachah includes thirty‑nine foundational categories.[4] While this number of 39 is not under debate, the Tanaim offer several explanations for the source of the number thirty‑nine and how these categories are derived. There exist three main opinions:
#1: Mishkan Labor:[5] Some maintain that the thirty‑nine categories correspond directly to the 39 labors used in constructing the Mishkan. This itself is derived from the Torah’s placement of the Shabbos command next to the section describing the Mishkan.[6] Others explain that since this juxtaposition teaches that the work of the Mishkan does not override Shabbos, it follows that every activity performed for the construction of the Mishkan—defines what constitutes melachah.[7]
#2: The word Melacha:[8] A second approach derives the number 39 from the total appearances of the word “melachah” and its forms in the Torah, which equal forty minus one as the term “מלאכה” (and its forms: melachto, melechet) appears in the Torah 39 times.
#3: Gematrios:[9] Additional opinions learn the number thirty‑nine from a numerical analysis of the words[10] “אֵלֶּה הַדְּבָרִים… שֵׁשֶׁת יָמִים תֵּעָשֶׂה מְלָאכָה” which introduces the commandment of Shabbos. “אֵלֶּה” = 36. The word Devarim adds another two, while the letter ה׳ of “הַדְּבָרִים” adds one more category, for a total of 39.
- The source of the detailed Melachos – How we know what is defined as a Melacha:
All Poskim agree [even those who learn the number 39 from non-Mishkan related sources, such as approaches 2-3 above] that the identity of the thirty‑nine prohibited Melachos is derived from the activities associated with the Mishkan.[11] However, there is a debate as to the precise aspect of the Mishkan from which these Melachos are drawn.
Construction based:[12] One approach holds that the Melachos are limited exclusively to the labors performed in the actual construction of the Mishkan. According to this view, only those creative actions necessary for building the Mishkan itself form the basis of the thirty‑nine categories.
Construction and operation based:[13] A second approach maintains that the source is broader, encompassing not only the labors required for constructing the Mishkan but also the Melachos performed after its completion in the course of its service—such as the preparation of offerings and other tasks associated with the ongoing operation of the Mishkan.
Ruling of Admur:[14] Practically, the ruling of the Alter Rebbe follows the former position: that only the labors executed for the purpose of constructing the Mishkan are included in the thirty‑nine Melachos. Consequently, we do not derive any of the thirty‑nine categories from actions performed later as part of the Mishkan’s regular service.
Significance of the Melacha: Some Poskim[15] learn a task performed in the Mishkan is considered an Av Melacha only if it carried inherent significance; if it was present in the Mishkan but lacked independent importance, it is not an av. Conversely, some learn that if a labor is inherently significant by nature, it is deemed an av even if it was not performed in the Mishkan.[16] Other Poskim[17], however, require both factors: the melachah must have intrinsic importance and must have been performed in the Mishkan; if even one condition is missing, the act is classified as a toladah. Other Poskim[18] completely argue on the above premises and hold that anything performed in the Mishkan automatically qualifies as important and therefore as an av, implying that no tolados existed within the Mishkan at all. However, this last position is rejected, as it is demonstrable that several tolados—such as the closely related labors of zoreh, borrer, and meraked—did occur within the Mishkan yet are nevertheless considered distinct categories.[19]
| Topic | Details |
| Thirty‑nine Melachos | Categories of creative labor prohibited on Shabbos; constitute the full scope of Torah’s prohibition against melachah on the seventh day |
| Source for number 39 | Tradition of Moshe at Sinai; three main opinions for derivation |
| Opinion #1 | Mishkan Labor: 39 categories correspond to labors used in constructing Mishkan; derived from Torah’s placement of Shabbos command next to Mishkan section |
| Opinion #2 | Word Melacha: Number 39 from total appearances of “melachah” and its forms in Torah (appears 39 times) |
| Opinion #3 | Gematrios: Numerical analysis of “אֵלֶּה הַדְּבָרִים… שֵׁשֶׁת יָמִים תֵּעָשֶׂה מְלָאכָה”; “אֵלֶּה” = 36, Devarim adds 2, letter ה׳ adds 1, total 39 |
| Source of detailed Melachos | Identity of thirty‑nine prohibited Melachos derived from activities associated with Mishkan |
| Construction based approach | Melachos limited to labors performed in actual construction of Mishkan |
| Construction and operation based approach | Source includes labors for constructing Mishkan and Melachos performed after completion in course of service |
| Ruling of Admur | Only labors executed for purpose of constructing Mishkan are included in thirty‑nine Melachos; actions performed later as part of Mishkan’s regular service not included |
| Significance of Melacha | Some Poskim: Task is Av Melacha only if it carried inherent significance and was performed in Mishkan; others: inherently significant labor is Av even if not performed in Mishkan |
| Other Poskim | Require both intrinsic importance and performance in Mishkan; if one missing, act is classified as toladah |
| Rejected position | Anything performed in Mishkan automatically qualifies as important and as av; rejected because several tolados occurred in Mishkan yet are considered distinct categories |
| Examples of tolados | Zoreh, borrer, meraked occurred in Mishkan yet considered distinct categories |
[1] See Iglei Tal Pesicha; Encyclopedia Talmudit Vol. 1 “Avos Melachos” pp. 44-47
[2] “Lo Saseh Kol Melacha” – Shemos 20:10
[3] “Lo Saseh Kol Melacha” – Shemos 20:10
[4] Mechilta Beginning of Vayakhel; Mishneh Shabbos 70a “Avos Melachos 40 minus one”
[5] Braisa Shabbos 49b; Rebbe Chanina Bar Chama Shabbos ibid; See Yerushalmi Shabbos 7:2
[6] Rashi Shabbos 49b; Ramban Shabbos 49b; Rashba Shabbos 49b; Shita Mekubetzes beginning of Bava Kama
[7] Iglei Tal Pesicha 8
[8] Rebbe Shimon ben Rebbe Yossi Ben Lukinya in Shabbos 49b; Yerushalmi Shabbos 7:2; See Rashi ibid; Rabbeinu Chananel ibid; Ramban ibid; Rashba ibid; Raavan 350; Tosofus Yom Tov Shabbos 7:2; Yifei Eiynayim on Shabbos ibid; Mareh Hapanim on Yerushalmi ibid; Torah Shelima Bereishis 39:97
[9] Shabbos 70a and Rashi there; Rebbe Chanina of Tzipori in Yerushalmi Shabbos 7:2 [learns from Davar, Divrei, Devarim, to add another three]; Rabanan Dekisrin in Yerushalmi Shabbos 7:2 [Learn from Hei of Eilah being transformed to Ches]
[10] Shemos 35:1-2
[11] Bava Kama 2a; Ramban Shabbos 49b; Rashba Shabbos 49b; See Tosafus ibid Kineged
[12] Rashi Shabbos 49b; 73a; Ran Mishneh Shabbos 73a; Meiri Shabbos 73; Sheilas Yaavatz 42; See Iglei Tal Pesicha footnote 1
[13] Rav Haiy Gaon in Chidushei Geonim Kadmonim in Sefer Maaseh Rokeiach; Otzer Hageonim on Shabbos 157; Yerushalmi, recorded in Iglei Tal Lash
[14] Admur 318:7 “Cooking [on Shabbos] is one of the Principal [forbidden] actions, being that in the Tabernacle [colored] herbs would be cooked in order to use their dye.”
[15] Tosafus Bava Kama 2a according to one Girsa of Gemara
[16] Piskei Tosofus Bava Kama 2a
[17] Tosafus Bava Kama 2a according to another Girsa of Gemara
[18] Tosafus Shabbos 96b; See Rabbeinu Chananel Bava Kama 2a and Ramban 49b
[19] Tosafus Shantz in Shita Mekubetzes Bava Kama ibid; Maharshal ibid; Rabbeinu Chananel Shabbos 74a
