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Kotzer: Difference between revisions
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# There is a discussion amongst the poskim, if kotzer applies to things which do not grow from the ground. <ref> | # There is a discussion amongst the poskim, if kotzer applies to things which do not grow from the ground. <ref> | ||
* The Minchas Chinuch Kotzeir 2 asserts that the opinion of Rambam is that kotzeir is not limited to gidulei karka, and this seems to fit with the Gemara Shabbos 107b that pulling a fetus out of its mother’s womb is an act of okeir davar m'gidulo. The Talmud Yerushalmi Shabbos 48b takes this to an extreme and says that pulling a fish out of water is an act of ''kotzeir min haTorah''. Magen Avraham (340:15) also seems to imply that kotzeir only applies to things that grow from the ground. While the Magen Avraham isn't discussing kotzeir, he does write that all of the melachos are learned out from the mishkan and since we hold that ''dosh'' is limited to gidulei karka, the others must be as well. | * The Minchas Chinuch Kotzeir 2 asserts that the opinion of Rambam is that kotzeir is not limited to gidulei karka, and this seems to fit with the Gemara Shabbos 107b that pulling a fetus out of its mother’s womb is an act of okeir davar m'gidulo. The Talmud Yerushalmi Shabbos 48b takes this to an extreme and says that pulling a fish out of water is an act of ''kotzeir min haTorah''. Magen Avraham (340:15) also seems to imply that kotzeir only applies to things that grow from the ground. While the Magen Avraham isn't discussing kotzeir, he does write that all of the melachos are learned out from the mishkan and since we hold that ''dosh'' is limited to gidulei karka, the others must be as well. | ||
* In contrast, Ramban Shabbos 107b insists that kotzeir is limited to gidulei karka. He rejects the proof from the fetus case, claiming that the Gemara sometimes uses the phrase “okeir davar migidulo” with regards to other melachos, in this case: ''netilas neshama''. He further asserts that the Bavli disagrees with the Yerushalmi about fish. In fact, he suggests that even Rebbi Yehudah who holds that ''dosh'' applies to things that don’t grow from the ground would agree that ''kotzeir'' only applies to ''gidulei karka'', since the ground is such an integral part of meleches kotzeir. </ref> | * In contrast, Ramban Shabbos 107b insists that kotzeir is limited to gidulei karka. He rejects the proof from the fetus case, claiming that the Gemara sometimes uses the phrase “okeir davar migidulo” with regards to other melachos, in this case: ''netilas neshama''. He further asserts that the Bavli disagrees with the Yerushalmi about fish. In fact, he suggests that even Rebbi Yehudah who holds that ''dosh'' applies to things that don’t grow from the ground would agree that ''kotzeir'' only applies to ''gidulei karka'', since the ground is such an integral part of meleches kotzeir. | ||
* As to what is considered ground, the Mishnah Shabbos 95a writes that to pull a flower out of a perforated pot that is on the ground would be an act of kotzeir d’oraysa since the flowerpot is viewed as an extension of the earth it is drawing nutrients from. On a rabbinic level it is prohibited to pull a flower out of pot even if it does not have a hole in it. This is codified by Shulchan Aruch 336:7 and Mishnah Brurah 336:42. </ref> | |||
==Uprooting or severing a plant== | ==Uprooting or severing a plant== | ||
# It is forbidden to break a branch off a tree, remove a leave, or pick a fruit or flower from a tree on [[Shabbat]]. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 281), Shemirat [[Shabbat]] KeHilchata 26:10 </ref> | # It is forbidden to break a branch off a tree, remove a leave, or pick a fruit or flower from a tree on [[Shabbat]]. <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 281), Shemirat [[Shabbat]] KeHilchata 26:10 </ref> | ||
