Tzad: Difference between revisions
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→Closing the door on a pet
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# In the mishkan they would trap rams to use their skins for the curtains and the chilazon for its techeles.<ref> See Rashi 73a s.v. Hatzad es hatzvi. See also gemara 75a </ref> | # In the mishkan they would trap rams to use their skins for the curtains and the chilazon for its techeles.<ref> See Rashi 73a s.v. Hatzad es hatzvi. See also gemara 75a </ref> | ||
==Closing the door on a pet== | ==Closing the door on a pet== | ||
# 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.<ref> | # 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.<ref> | ||
* 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. | * 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. | * 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. | * 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.</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> | ||
# However, one may only trap a submissive animal, not a rebellious one. <ref> Hazon Ovadia, Page 106 </ref> In any case, carrying the animal to an enclosed area is prohibited because they are muktzeh. <ref> Ach Tov VaHessed, Year 5783, Page 123 </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 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> | # 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> | ||
