Tzad: Difference between revisions
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<br /> 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. | <br /> 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. | ||
<br />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. | <br />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. | ||
<br />Shemirat | <br />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. </ref> | ||
# Some poskim permit [[trapping]] animals that move very slowly and are easy to trap, such as a small red ant or a turtle.<ref>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. | # Some poskim permit [[trapping]] animals that move very slowly and are easy to trap, such as a small red ant or a turtle.<ref>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 | * 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. | ||
* 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.</ref> | * 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.</ref> | ||
# One is also patur, and it may even be permitted, to trap a domesticated animal which one knows will come back to his domain at a later time, even if it is currently running around and not trapped.<ref> Shulchan Aruch 316:12 </ref> | # One is also patur, and it may even be permitted, to trap a domesticated animal which one knows will come back to his domain at a later time, even if it is currently running around and not trapped.<ref> Shulchan Aruch 316:12 </ref> | ||
# A bee is an example of an animal which isn't usually trapped, nonetheless it is still rabbinically forbidden to trap a bee. <Ref> S”A 316:3 gives the example of a bee which isn’t usually trapped and still the prohibition to trap it is derabbanan. </ref> | # A bee is an example of an animal which isn't usually trapped, nonetheless it is still rabbinically forbidden to trap a bee. <Ref> S”A 316:3 gives the example of a bee which isn’t usually trapped and still the prohibition to trap it is derabbanan. </ref> | ||
# The prohibition doesn’t apply to [[trapping]] people.<ref>Shemirat | # The prohibition doesn’t apply to [[trapping]] people.<ref>Shemirat Shabbat Kehilchata (chap 27 note 119) quotes Rav Shlomo Zalman who discusses this at length and seems to side with the argument that there's no [[trapping]] by people because a normal person wouldn't think of running away unless he's running away from the police but even in such a case since he's still among 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</ref> | ||
==In the Mishkan== | ==In the Mishkan== | ||
