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## What's the Nafka Minah (practical ramification)? | ## What's the Nafka Minah (practical ramification)? | ||
### How much blood needs to be removed to be chayav?<ref>Rambam (hilchot shabbat 8:7) writes that since choveil is a toldah of dosh, it has the same "shiur" (minimum amount) as dosh, which is a grogeres (lit: fig). The Maggid Mishna there suggests that according to Tosfot (choveil is a toldah of shocheit) it should follow that there's no minimum shiur to violate it, since shocheit has no minimum shiur. The Mishna Brurah 316:29 (and shaar hatziyon 316:43) accepts this reasoning. </ref> | ### How much blood needs to be removed to be chayav?<ref>Rambam (hilchot shabbat 8:7) writes that since choveil is a toldah of dosh, it has the same "shiur" (minimum amount) as dosh, which is a grogeres (lit: fig). The Maggid Mishna there suggests that according to Tosfot (choveil is a toldah of shocheit) it should follow that there's no minimum shiur to violate it, since shocheit has no minimum shiur. The Mishna Brurah 316:29 (and shaar hatziyon 316:43) accepts this reasoning. </ref> | ||
### Is it possible to violate | ### Is it possible to violate chovel on a dead creature?<ref>Biur Halacha (316:8 s.v. v'hachoveil) suggests that if you hold like the Rambam that choveil is a toldah of dosh, then it should be relevant even when removing the blood of a dead creature, since at the end of the day you are still removing blood. However, if you hold like Tosfot that choveil is a toldah of shocheit, then once the animal is dead it cannot be killed again, and thus removing the blood should be permitted. </ref> | ||
### What about removing unwanted blood?<ref>Biur Halacha (316:8 s.v. v'hachoveil) discusses a case of bloodletting for health purposes, in which one removes the blood but then the blood goes to waste. If choveil is a toldah of shocheit, then the fact that the blood goes to waste is irrelevant, as one has still removed some of the life, and thereby violated choveil. However, if choveil is a toldah of dosh then it follows that it is only considered "צריכה לגופה" (done for the purpose of the melacha) if you remove the blood because you want the blood, just like one who threshes removes the kernel from the husk because they want the kernel (and not because they want an empty husk). Thus, according to the Rambam, bloodletting would be considered a melacha that is not done for the purpose of the melacha [it happens to be that the Rambam paskens like Rebbe Yehudah that a melacha not done for its intended purpose is still biblically forbidden, so he would still hold that bloodletting is biblically forbidden despite its being eina tzricha l'gufa].</ref> | ### What about removing unwanted blood?<ref>Biur Halacha (316:8 s.v. v'hachoveil) discusses a case of bloodletting for health purposes, in which one removes the blood but then the blood goes to waste. If choveil is a toldah of shocheit, then the fact that the blood goes to waste is irrelevant, as one has still removed some of the life, and thereby violated choveil. However, if choveil is a toldah of dosh then it follows that it is only considered "צריכה לגופה" (done for the purpose of the melacha) if you remove the blood because you want the blood, just like one who threshes removes the kernel from the husk because they want the kernel (and not because they want an empty husk). Thus, according to the Rambam, bloodletting would be considered a melacha that is not done for the purpose of the melacha [it happens to be that the Rambam paskens like Rebbe Yehudah that a melacha not done for its intended purpose is still biblically forbidden, so he would still hold that bloodletting is biblically forbidden despite its being eina tzricha l'gufa].</ref> | ||
## The Shulchan Aruch (316:8) does not take a firm stance on whether to rule in accordance with the Rambam or Tosafos.<ref>It seems unanimous amongst the poskim to reject Rashi, since most of the time one isn't interested in dying the hide and so would not be chayav for tzoveah. However, if indeed one was interested in dying the hide, and dyed the requisite amount to violate the melacha of tzove'ah, then they would be chayav for this melacha (see Biur Halacha 316:8 s.v. v'hachoveil). </ref> | ## The Shulchan Aruch (316:8) does not take a firm stance on whether to rule in accordance with the Rambam or Tosafos.<ref>It seems unanimous amongst the poskim to reject Rashi, since most of the time one isn't interested in dying the hide and so would not be chayav for tzoveah. However, if indeed one was interested in dying the hide, and dyed the requisite amount to violate the melacha of tzove'ah, then they would be chayav for this melacha (see Biur Halacha 316:8 s.v. v'hachoveil). </ref> | ||
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# Practical Example | # Practical Example | ||
## Blood test | ## Blood test | ||
### One who draws blood for a blood test wants the blood that they are removing (in contrast to bloodletting discussed above), and this certainly would violate | ### One who draws blood for a blood test wants the blood that they are removing (in contrast to bloodletting discussed above), and this certainly would violate chovel if performed by a Jew, except in cases of pikuach nefesh | ||
### There is more room to be lenient to have the blood test administered by a non-Jew for a Jew who is sick (choleh she'ein bo sakana), since we generally permit amira l'akum for such a person.<ref>Shulchan Aruch 328:17. Mishna Brurah 328:47 explains that a non-Jew may even perform biblical melacha on behalf of a Jew who is sick (but not in danger of dying).</ref> | ### There is more room to be lenient to have the blood test administered by a non-Jew for a Jew who is sick (choleh she'ein bo sakana), since we generally permit amira l'akum for such a person.<ref>Shulchan Aruch 328:17. Mishna Brurah 328:47 explains that a non-Jew may even perform biblical melacha on behalf of a Jew who is sick (but not in danger of dying).</ref> | ||
## Injection | ## Injection | ||
