Tzad: Difference between revisions

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*l'halacha, the Mishna Brurah 316:37 cites numerous shitot, and concludes in shaar hatziyon 316:63 that it is proper to be strict and only trap it if it is actually biting. However, he also states that one shouldn't object to those who are lenient.</ref>
*l'halacha, the Mishna Brurah 316:37 cites numerous shitot, and concludes in shaar hatziyon 316:63 that it is proper to be strict and only trap it if it is actually biting. However, he also states that one shouldn't object to those who are lenient.</ref>
# There is a debate whether one may trap creatures with painful but relatively harmless bites (e.g. bee, wasp, hornet).
# There is a debate whether one may trap creatures with painful but relatively harmless bites (e.g. bee, wasp, hornet).
## Some compare these insects to mosquitos and forbid trapping them, whereas others are lenient.
## Some compare these insects to mosquitos and forbid trapping them unless they are actively biting or stinging you,<ref>The Dirshu Mishna Brurah (siman 316 footnote 82) cites from Rav Shlomo Zalmen that a wasp is treated like a פרעוש (mosquito). Dirshu (siman 316 footnote 64) cites this from the Alter Rebbe as well.</ref> whereas others are lenient and allow trapping them any time one is afraid of being stung.<ref>Dirshu (siman 316 footnote 64) cites from Rav Nissim Karelitz that he viewed even bees (which are less painful than wasps) as being akin to snakes / scorpions, and thus you would be allowed to trap it even if not being chased.</ref>


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Revision as of 22:21, 28 July 2024

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Trapping a living creature is one of the prohibited 39 melachot forbidden on shabbat. The details of this melacha (e.g. how to define "trapped", how it applies to domesticated animals, which species of animals are included, etc.) are discussed below.

Definition

  1. In the mishkan, they would trap rams to use their skins for the curtains, and they would trap the chilazon for the dye known as techeilet.[1]
  2. Tzad is the melacha of containing a living creature in order to use it (or part of it).[2]
    1. One has also violated the melacha for simply locking the door when the animal is already inside.[3]
  3. Tzad doesn’t appear to have any toldot.[4]

Setting a Trap on Shabbat

  1. Interestingly enough, if one actually sets a trap on shabbat, one may not necessarily be violating tzad.
    1. Some poskim say that one is obligated for setting a trap that will definitely catch something on Shabbat.[5]
    2. Others say that one is only obligated if the animal is already entering the trap as he sets it.[6]
      1. Sephardim hold that it is permitted to put out a mouse trap on Shabbat since it is only grama.[7]
      2. Ashkenazim are strict.[8]

Unique Nature of Tzad

  1. There are a few unique features of tzad:
    1. It doesn't affect a change in the object upon which the melacha is being performed (i.e. the animal). This is in contrast to most other melachot, which do affect a change in the object upon which the melacha is performed.[9]
    2. It can perhaps be violated even without doing an action at the time that the melacha takes place (see above discussion regarding setting a trap on shabbat).
  2. What exactly is the definition of tzad?
    1. The achronim take different approaches to this question:
      1. Some define the melacha as bringing the animal from a state of being "free" to a state of being "trapped".
      2. Others define the melacha as the action of trapping itself, in contrast to other melachot which are result-oriented.[10]
        1. This approach helps explain why one’s mindset matters more by tzad than it does by other melachot.[11]

How Enclosed is Considered "Trapped"?

  1. The biblical violation of trapping is only violated when one encloses the animal in a space small enough that a person could catch it in one "שחייא" (lit: lunge).[12] There is a debate as to what exactly this means:
    1. Some poskim hold that you have to be able to grasp the animal in one lunge.[13]
    2. Most poskim argue that you just have to be able to grasp the animal in one sprinting session (without stopping for a breather).[14]
      1. This is obviously a much larger area than the first opinion.
      2. This is both a stringency with respect to trapping initially (i.e. the animal is "trapped" even if it's in a big area that requires more than one lunge to get it), but also a leniency with respect to trapping again (i.e. once the animal is in a pen of this size, then it will be permitted to bring the animal into the house, since it is already considered biblically trapped).
  2. It is still forbidden on a rabbinic level to trap an animal into a pen bigger than the above size.[15]

Which Animals Are Included?

  1. Typically trapped ("mino nitzod")
    1. The Torah-level prohibition of trapping on Shabbat applies only to an animal that people normally trap. If, however, it is a type of animal that is not normally trapped, trapping it is forbidden only rabbinically.[16]
    2. A fly is an example of an animal which isn't usually trapped, so it is only rabbinically forbidden to trap a fly.[17]
    3. The prohibition doesn’t apply to trapping people.[18]
  2. Slow animals
    1. Some poskim permit trapping animals that move very slowly (e.g. turtle),[19] since they are essentially already trapped given how easy it is to catch, but others argue.[20]
  3. Domesticated animals
    1. See below section for details.

Heter of the Rashba

  1. Discuss this.

Domesticated Animals / Pets

  1. Many poskim hold that one may close the door of his house even if he owns a pet provided that the pet either is totally domesticated, it doesn’t realize that it is being confined, or if the house is large and one’s intent is to protect the house from burglary.[21]
  2. However, one may only trap a submissive animal, not a rebellious one. [22] In any case, carrying the animal to an enclosed area is prohibited because they are muktzeh. [23]

Safek Psik Reisha

  1. Discuss this.
  2. According to Ashkenazim, it’s forbidden to close a small box with flies inside rather one should leave it a bit open or have a hole in the box. However, if the box is large enough that one wouldn’t be able to catch flies inside it, it’s permitted to close it. Additionally, if one doesn’t see any more flies in the box even if one’s not sure that there’s no flies left it’s permitted to close it.[24]

Harmful Creatures

  1. It is permitted to trap even non-lethal creatures (e.g. snakes and scorpions) on shabbat, if one's intention is to prevent them from causing harm.[25]
  2. One may not trap non-damaging creatures (e.g. mosquito), unless they are actively biting you.[26]
  3. There is a debate whether one may trap creatures with painful but relatively harmless bites (e.g. bee, wasp, hornet).
    1. Some compare these insects to mosquitos and forbid trapping them unless they are actively biting or stinging you,[27] whereas others are lenient and allow trapping them any time one is afraid of being stung.[28]

Related Pages

Trapping on Shabbat

Links

Sources

  1. ↑ See Rashi 73a s.v. Hatzad es hatzvi. See also gemara 75a
  2. ↑ Rashi and Rabbenu Chananel on 106a (See also Rambam Hilchos Shabbos 10:19) indicate that the paradigmatic way to trap an animal is to chase it into a house or some other sufficiently small place and close the door so that the animal can’t escape.
  3. ↑ Mishna 106b, Rambam Hilchos Shabbos 10:23
  4. ↑ Some meforshim try to explain how some ways of trapping, done differently than how it was done in the mishkan, are indeed only toldot. See Avnei Nezer O”C Siman 195
  5. ↑ Pri Megadim (Eshel Avraham 316:9) based on Tosfot (shabbat 17b s.v. ein porsin). Even though the actual trapping only takes place at a later point in time (once one is no longer taking any direct action), nonetheless one is considered to have violated tzad since they did an action on shabbat which would certainly result in trapping. Presumably, the Pri Megadim understands that the time delay does not constitute "grama".
  6. ↑ Mishna Brurah 316:18 from Magen Avraham, based on Tosfos 17b. Presumably they understand that the time delay makes this a case of grama, and so not biblically prohibited. See Tosfot Harosh (shabbat 17b s.v. ein porsin) who states explicitly that one is exempt if one sets a trap on shabbat and it catches an animal at a later point in time, "דאינו צד בידיים" (one isn't directly involved at the time of the trapping). For more details, see Toras Hamelochos vol. 5 p. 21-33
  7. ↑ Chazon Ovadia v. 5 p. 118
  8. ↑ Mishna Brurah 316:18
  9. ↑ Avnei Nezer O”C 189:7
  10. ↑ Shiurei Rav Shimon Shkop Kesubos 4:2. The idea here is that most melachot affect the object upon which the melacha is performed. If I plow, there are now holes in the ground. If I write, there are now letters on the page. Thus, those melachot are result-oriented. The prohibition is to bring about a particular result. However, trapping has no such affect. The animal looks exactly the same before and after the trapping (it's just in a more enclosed space). Thus, it is reasonable to say that perhaps the prohibition is not defined as bringing the animal to a state of being trapped (since really this isn't a different cheftza), but rather as the act of trapping itself.
  11. ↑ See for some examples Rashba 107a based on Yerushalmi and Magid Mishna Shabbos 10:17
  12. ↑ The Mishna shabbat 106b states that if one traps an animal into a pen which is still "מחוסר צידה" (lit: missing trapping), then it is only rabbinically forbidden. In other words, one has only violated the melacha of trapping if they have enclosed the animal in a space small enough such that it can be easily grasped without needing to "trap" it again. How small is this space? The gemara 106b cites rav ashi as holding that if you are able to grasp the animal in one "שחיא" then this is considered biblically trapped.
  13. ↑ Ritva shabbat 106b s.v. kol heicha. The Ritva didn't have in his girsa of the gemara the phrase "דרהיט בתריה" (lit: to run after it), and so this perhaps leads him to his interpretation.
  14. ↑ Rashbah beitzah 24a, as well as Maggid Mishna hilchot shabbat 10:20. Mishna Brurah 316:4 paskens this way.
  15. ↑ Shulchan Aruch 316:1, based on the mishna shabbat 106b.
  16. ↑ *The Gemara (Shabbat 106b) records a dispute between Rabanan and Rabbi Meir. Rabanan hold that there is a biblical prohibition to trap an animal that normally is trapped and there is a rabbinic prohibition to trap animals that are not usually trapped. Rabbi Meir, however, argues that both types of animals are included in the biblical prohibition. The Rambam (10:19 and 24), Tur, and S”A 316:3 rule in accordance with Rabanan.
    According to Rashi 107a s.v. sh’lo l’tzorech, this petur is only when you are not trapping it to use it or something from it. See Tosfos Rid on 107b who explains how the rules of melcha sheina tzricha l’gufa apply in this context.
    Most Rishonim however think it is more of a categorical rule, because meleches tzad only applies to certain species (Tosfos 107a s.v. Shelo.). See Avnei Nezer O”C 189-7 who explains why such a limitation of the melacha exists.
    Shemirat Shabbat K’hilchata 27:33 clarifies that “normally trapped” refers to animals that are trapped for meat or hide, but animals that are trapped so that they don’t injure a person are not included in the biblical prohibition.
  17. ↑ Shulchan Aruch 316:3.
  18. ↑ The Rama 339:4 says that one may not catch a criminal on shabbat in order to put them in prison, because this is considered like din (lit: judgement) which is rabbinically forbidden on shabbat. The implication here seems to be that with respect to the melacha of tzad there is no problem with trapping the criminal on shabbat. Shemirat Shabbat Kehilchata (chap 27 note 119) quotes Rav Shlomo Zalman who discusses this at length and seems to conclude that trapping isn't applicable on a person, because a normal person wouldn't think of running away, unless he's running away from the police; even in such a case, since he will be put in prison amongst other people, he's not considered trapped. Yalkut Yosef 316:2 writes that the prohibition doesn't apply to people. See also Sh"t Avnei Nezer OC 189:22.
  19. ↑ The Gemara (Shabbat 106b) distinguishes between a deer that is blind or sleeping and one that is lame, old, or sick. If one traps a deer in the first category, there is a biblical prohibition, because it could run away; if one traps a deer in the second category, there is a rabbinic prohibition, because it does not run away. This is codified by the Rambam (10:21 and 24), Tur, and S”A 316:2. The Mishna Brurah 316:8 explains the Rambam 10:24 as saying that trapping a young animal that cannot run away is only a rabbinic prohibition.
    • Shemirat Shabbat K’hilchata 27:45 quotes Rav Shlomo Zalman Auerbach that it is permitted to trap an animal that is easy to trap and doesn’t usually run away, such as an ant or turtle. Nonetheless, one may not move them, as they are muktzeh. Rav Shlomo Zalman explains that a sick animal usually can run away, so trapping it is prohibited, but an ant always is easy to trap even if it tries to hide. The 39 Melachos (vol 3, p. 863) agrees with this ruling but qualifies that only small red ants may be trapped, while large black ants that can move very quickly may not be trapped.
  20. ↑ Orchot Shabbat (vol 1, p. 420, quoting Rav Elyashiv) and The Shabbos Home (p. 339, note 4, based on the Chazon Ish) forbid trapping animals that move very slowly and are easy to trap, just like it is forbidden to trap an old or sick animal.
  21. ↑
    • The Mishnah (Shabbat 106b) states that it is a biblical prohibition to close the door of a house on a deer. The Rashba (107a s.v. Tosefta) understands the Yerushalmi as saying that it is permitted to shut the door even if a deer is inside if one’s intent is to guard his house. The Ran (38a s.v. Ha), however, argues that if one knew that the deer was inside, even if he did not intend to trap, it is a psik reisha and is forbidden. Avnei Nezer O.C. 194 defends the Rashba, but Rav Ovadia Yosef (Yabia Omer 4:35:13) proves from the Rama 316:3 that the halacha does not follow the Rashba.
    • S”A 316:1 establishes that it is a rabbinic prohibition to confine an animal to a space even if it is not completely trapped. Mishna Brurah 316:4 explains that an animal is considered “not completely trapped” if one couldn’t grab it with one exertion. Therefore, Mishna Brurah 316:5 writes that one may close the door of a house even though a bird is inside if it is cold outside and one’s intention is not to trap the bird. He reasons that while actually trapping the bird is a rabbinic prohibition, as the bird is not completely trapped in a house, it is permitted if one does not intend to trap it. Rav Mordechai Willig (Am Mordechai p. 174) explains that the Mishna Brurah holds that a psik reisha of a rabbinic prohibition is permitted when there is a great need. Therefore, the 39 Melachos (Tzad, note 144a) says that one may close one’s door if a pet is inside as long as he is closing the door to protect against burglary or the elements and the house is large. Orchot Shabbat (p. 421) agrees for a different reason.
    • Chayei Adam 30:4 writes that a domesticated animal that relaxes and submits when grabbed by its owner may be trapped. Mishna Brurah 316:57 and The 39 Melachos (vol 3, p. 868) agree.
    • Chut HaShani (vol 1, p. 120) writes that there is a rabbinic prohibition only if the animal feels that it is being confined. It is permitted to trap an animal in an area that is so large that it doesn’t even realize it is being confined. The Shabbos Home (p. 353) agrees.
  22. ↑ Hazon Ovadia, Page 106
  23. ↑ Ach Tov VaHessed, Year 5783, Page 123
  24. ↑ Rama O.C. 316:1 writes that it’s forbidden to close a small box with flies inside as it’s a violation of trapping and so one should leave it ajar or have a hole as the Mishna Brurah 316:14 writes. Mishna Brurah 316:15 infers from the Rama that in a large box where one wouldn’t be able to catch the flies it is permissible. Mishna Brurah 316:16 concludes that even though some achronim argue on the Rama one should be strict unless there are no flies in sight even if one’s unsure that there’s no flies left.
  25. ↑ The mishna eduyot 2:5 says that if one traps a snake for the purpose of using it in a healing potion, then one has violated tzad, but if one merely wants to prevent it from biting him, then one is patur. Shmuel (gemara shabbat 107a) explains that this is one of the rare exceptions in which "patur" really means that it is totally permitted, and not rabbinically forbidden. Why should trapping the snake for this reason be permitted?
    • One approach is to say that if one isn't interested in the snake for its own sake, but rather just to get rid of it, then this is a melacha she'eina tzricha l'gufa. We pasken like Rebbe Shimon that this is only rabbinically forbidden in general. Here, since there is potential human suffering at risk, chazal were lenient and allowed one to trap the snake. Tosfot (shabbat 3a s.v. hatzad nachash) explains like this.
    • However, the fascinating thing as that the Rambam himself paskens like Rebbe Yehudah with respect to melacha she'eina tzricha l'gufa (see hilchot shabbat 1:8), and yet he still cites the leniency to trap the snake to prevent it from biting you (hilchot shabbat 10:25). Furthermore, the Rambam there states explicitly that the type of snake he is referring to is one which is non-lethal, so there's no concern of pikuach nefesh here. What's the rationale of the Rambam? Shouldn't this be biblically forbidden? There are a few approaches to answer this question.
    • (1) The Ramban (shabbat 42a s.v. mechabin) cites from the Behag that perhaps a damage that might occur to the public is viewed as if it is pikuach nefesh, even though it isn't ("היזק של רבים כסכנת נפשות חשיב ליה שמואל").
    • (2) The Aruch Hashulchan 316:19 suggests that since the whole point of trapping is to bring the animal into your own domain, so when you trap an animal in order to remove it from your domain (e.g. you want the snake as far away from you as possible so that it doesn't damage you), this is not merely a melacha she'eina tzricha l'gufa, but rather it just isn't the melacha of tzad at all.
    • (3) Maggid Mishna (hilchot shabbat 10:17) understands that the Rambam only permitted trapping the snake in a weird way ("shinuy") that would normally only be rabbinically prohibited. He has a diyuk from the language of the Rambam himself (in hilchot shabbat 10:25), who goes out of his way to tell you how you may trap the snake to prevent it from biting you, seemingly indicating that only these limited methods are allowed.
    • (4) The Chemed Moshe (cited in Biur halacha 316:7 s.v. nechashim) thinks that the Rambam understood that snakes are considered a species not typically trapped (ein b'mino nitzod), such that there would only ever be an isur drabanan to trap them. The Biur Halacha himself objects to this approach.
    • (5) Rav Chaim Brisker (hilchot shabbat 10:17) thinks that the Rambam paskens like the position of the Aruch that a psik reish d'lo nicha lei (one performs an action which inevitably results in melacha, but one is disinterested in that melacha) is totally permitted [this is not the accepted position l'halacha, as we hold that such an action is still rabbinically forbidden]. Here, since you are just trying to prevent the snake from biting you, the trapping that results is an undesired consequence, and hence constitutes a psik reisha d'lo nicha lei.
  26. ↑ The gemara shabbat 107b cites a whether it is forbidden to trap a פרעוש (mosquito) biblically, or only rabbinically. The debate turns on whether one is only obligated for trapping a creature whose species is typically trapped (people do not typically trap mosquitos to use them for anything). However, tosfot s.v. hatzad point out that even though we pasken like Rebbe Yehoshua (that it's rabbinically forbidden to trap them), if they are biting you, it is permitted to grab it and throw it off, even though this violates both muktzeh and tzad (rabbinically). There is a debate amongst the poskim whether tosfot was only permitting trapping the mosquito if it was actively engaged in biting, or even if it was in a place on your clothing such that it might come to start biting. There are 4 positions on this question, in order of lenient to strict:
    • (1) The Taz 316:8 thinks even if it is on the outside of one's garment, it is permitted to trap it, as long as this garment is directly on the skin (as opposed to a jacket).
    • (2) The beit yosef is medayek in the Ran (38b b'dapei harif) that it's permitted only if it is on the inside of one's garment, since now there is a real concern that it might bite.
    • (3) The Tur seems to hold that one may only pluck off the mosquito if it is actually on the skin.
    • (4) The Rokeach (cited in shaar hatziyon 316:63) holds that it is only permitted if it is actually biting, since only then is it actually causing pain, and we would allow one to violate the isur drabanan of trapping it in order to remove the pain. This also seems to be the position of the Gra (as understood by Mishna Brurah 316:37).
    • l'halacha, the Mishna Brurah 316:37 cites numerous shitot, and concludes in shaar hatziyon 316:63 that it is proper to be strict and only trap it if it is actually biting. However, he also states that one shouldn't object to those who are lenient.
  27. ↑ The Dirshu Mishna Brurah (siman 316 footnote 82) cites from Rav Shlomo Zalmen that a wasp is treated like a פרעוש (mosquito). Dirshu (siman 316 footnote 64) cites this from the Alter Rebbe as well.
  28. ↑ Dirshu (siman 316 footnote 64) cites from Rav Nissim Karelitz that he viewed even bees (which are less painful than wasps) as being akin to snakes / scorpions, and thus you would be allowed to trap it even if not being chased.
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