Tzad: Difference between revisions
From Halachipedia
→Trapping a fly in a box
| (2 intermediate revisions by the same user not shown) | |||
| Line 8: | Line 8: | ||
# While Meleches Tzad is very complex, it doesn’t appear to have any toldos. There is only one thing prohibited by this melacha-trapping.<ref> Some meforshim try to explain how some ways of trapping, done differently than in the mishkan, are indeed only toldos. See Avnei Nezer O”C Siman 195 </ref> | # While Meleches Tzad is very complex, it doesn’t appear to have any toldos. There is only one thing prohibited by this melacha-trapping.<ref> Some meforshim try to explain how some ways of trapping, done differently than in the mishkan, are indeed only toldos. See Avnei Nezer O”C Siman 195 </ref> | ||
===Within what type of area is it considered trapping?=== | ===Within what type of area is it considered trapping?=== | ||
# The | # The biblical violation of [[trapping]] means to trap an animal in an area where it’s trapped to the extent that a person could catch it in one grasp (without chasing it).<ref> See Mishna 106a and Rambam Shabbat 10:20</ref> However, it’s forbidden on a rabbinic level to trap an animal even if it can still escape being caught.<Ref> Shulchan Aruch O.C. 316:1 writes that regarding birds or deer one only violates the Deoritta when one traps it into a house where one would be able to catch it, otherwise it’s only Derabbanan. </ref> | ||
===Which animals may not be trapped?=== | ===Which animals may not be trapped?=== | ||
# 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. <ref> | # 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. <ref> | ||
| Line 14: | Line 15: | ||
<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== | ||
| Line 31: | Line 32: | ||
* 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.</ref> | * 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.</ref> | ||
==Trapping a fly in a box== | ==Trapping a fly in a box== | ||
# 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 | # 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.<Ref> 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. </ref> | ||
==Related Pages== | ==Related Pages== | ||
