Episode Transcript
[00:00:03] The following three Mishnayas discuss the Malacha of Tseida of trapping an animal. This is really the first stage of preparing the skins for the use in the Mishkan. And that's where all the Malachas of Shabbos are learnt from. And the question of this Mishnah, Mishnah, hey, is what is considered trapping an animal? So the answer is it really depends on every different animal, as we're about to see Rabbi Yehuda Rabbi Yehuda says Hat, Sod, Sipur and Amygdal One who traps a bird in a large cupboard for a bird that is necessary for it to be considered trapped. But if, for example, you would get a bird trapped inside a house according to your that is not considered trapped, the bird can still fly all the way around. You won't be able to get the bird easily even once it's in the house, and therefore it is not considered trapped unless it's in something smaller, such as a cupboard. Utzvila bias But a deer which is trapped in a house that is considered trapped. Once you've got a deer to be inside a particular building, then it's much easier to trap the deer than it is to trap a bird. And therefore chaev in that situation would be Chayev for trapping the animal.
[00:01:05] For a bird to be considered trapped, it has to be in this big cupboard. At least they agree with that. If the bird is in a house, then it's not considered trapped. However, when it comes to the deer and other similar animals, they agree that certainly if a deer is in a house, it's considered trapped. But even vilachotzevil abivorin if you get a deer into a courtyard or into another enclosure, Bivarian refers to a quite a large outdoor area which is surrounded by walls and fences and it's designated for the animals. So even though these are much larger areas, since it is enclosed and surrounded by walls, and it's not so difficult to catch the deer once it's in there, say the Chacholim, that it's not necessary to get it inside a house or a building, even if it's in one of these outdoor enclosures or in a courtyard, that is enough for it to be considered trapped and you would be for getting the deer into such an area. Now, Shimon Gamliel sort of takes a middle approach between your.
[00:02:05] Not all of these outdoor enclosures have the same Rather this is the rule if it's still lacking trapping, meaning if you still need to work hard to trap the deer again, once it's there, it's still hard to trap it. Then potter, then you'll be exempt because you're not considered to have trapped it yet. It's not really under your control and easy for you to get.
[00:02:28] But if it's already not lacking trapping, meaning if you've done everything that you really need to do, and you've got the deer into a small enclosure such that you can grab it quite easily, then Chayev you would be Chayev because it is considered trapped.
[00:02:40] What happens if Tzvi? Sh Nichnas Lebayez? If a deer enters into a house by itself, no one was doing it as an act of trapping. It went into the house by itself. So if somebody had done that himself, and certainly that would be considered trapping, and he would be chayavish in this situation, no one was involved in that part. But then after the deer entered the house, somebody else entered the house, or let's say somebody was already in the house, and that particular person locked the door in front of the animal. He shut the door and locked it, says the mission, for having trapped the animal. Because as he not. Had he not done that, then the animal could have escaped easily. Now that he did that, he is stopping the animal escaping and he is keeping the animal in the house. And as such that is considered trapping, and he is chayev. Now, we learned a couple of prokhm ago that if two people do a malacha together, at least in a situation where they could have done it by themselves, but they chose to do it together, then neither of them are higher. This is learned from the posse, which says if one person will sin, then he's.
[00:03:38] Which implies that if two people do a Malachi together, then they are exempt. So the mission teaches that again, if two people lock the door together, then Petru and they are exempt, as we learned a couple of procama go. Now, what happens if one person wasn't able to lock it by himself and two people did it together, but both of them were necessary to do the malacha. So since they are both needed and the only way to have done the malacha is by using two people, they are liable, since one person could not have done it by himself. So really they both did do a complete Malacha over here. And therefore they are. However, as we learned, a couple of proc. Mago as well, says he is exempt even in this situation, because at the end of the day one can only be for doing a Malacha if he does it by himself. And again they learn this from Sukim. Now, although we have learned this concept of two people doing the Malachah together already. The Mishnah repeats it over here as an introduction to the next Mishnah. Mishnah. The main point of this Mishnah is to show us that the only time one can be Chayyev for doing a Malacha is at the time of his action, when he actually does the malacha, then he can be Chayev. But if, let's say, the forbidden result of the Malacha only occurs after he's done the action, then he will not be Chayyev. And the Mishnah explains via this example, if one person sits by the entrance, so the deer entered the house, and then somebody sat there by the entranceway, blocking the way of the deer. However, he did not fill up the entire entrance way, so there's still space for the deer to exit the house via that entrance way, via that door. And then Yoshav Hasheini, a second person, comes and sits next to this first person, and by doing so, he fills out the entire entranceway, meaning between the two people. The entire door is blocked now, and the deer cannot escape, says the Mishnah. Hashem yi Chayev. Only the second person is liable. So the fact that the second person is liable is understood, because before he came, the deer was not considered trapped, since there was still space for it to escape. And then it came and filled the space, so it trapped a deer. The question is, why is the first person not Chaev? He's taking up half of the door space. He is also blocking the door from the deer from escaping. But the answer is, as we explained, that at the time that he sat down there, the deer was not trapped. Later on when somebody else comes, and now the entranceway is filled, so now the deer is considered trapped. But at that time, the first guy's not doing anything. He's remaining in exactly the same position as he was until now. He's not doing an action right now, and therefore he cannot be Chaev. So only the second person who is right now doing an action is hidden. Now what happens if Yoshav Orishon al ha Pesach, if the first guy sat by the entranceway, Ummil Ohu, and he totally filled up the entranceway, there's no way for the deer to exit. Now. He totally trapped the deer, so certainly that makes him Chayev. And then whilst the first person is still sitting there, UVO Hashenv, Yoshav Betzidoy, the second person came and sat next to him. Well, the truth is, he sort of sat behind him, such that the second person was also totally blocking the entrance way. So even had the first person not been there, the second person sitting there would block the deer, says the Mishnah. AFO pisha omet horishin v' horach lay. Even if the first guy gets up and leaves and the second person remains there. Horishen Chayev. The first person is chayev for trapping the deer. Of course he trapped the deer, but the shayni potter, the second person is exempt. And this is based on exactly the same reasoning as the first part of the Mishnah. At the time that the second person did the action of sitting down, he didn't do any aveira because the animal was already trapped, and all he was doing was sort of making it a bit harder for the animal to escape, but it was already considered trapped, so he is not considered to have trapped it at that time. Which means that even if something happens later on, such that he is the only person now causing the animal not to be able to escape, since he is not doing an action later on, rather he is just remaining in the same position as he was until now, sitting down there, he will not be chaev. And the mission explains a bit more to what is this compared? No, it's based on a shamro to somebody who locks his house in order to guard it from thieves. And we're referring to a case where there's already a deer trapped in the house, but he then locks the house a bit more and safeguards it a bit more so that thieves cannot come in. And for that you need a bit more safety, you need to lock it better. So it's true that it comes out that the deer is also more guarded inside there, and it'll be even harder for the deer to escape. But that's just an added measure of guarding. And really, even without that, the deer was trapped. And so even if, let's say, the deer manages to escape the first trapping, and now the only thing which is stopping the deer escaping is this extra guarding. Nevertheless, at the time that he did the extra guarding, it was totally permitted, and therefore he will not be the first Mishnah of the 14th. Parrot continues the discussion of cedar, the malacha of trapping, and it also discusses another prohibited act, which is khayvel, when one injures and bruises an animal. Now, khayvel is not an av Malacha, it's a to. And there's a big discussion amongst the Rishonim as to what malacha it's part of, according to many, it is Considered a to of shaykhit, to slaughter the animal. Because if you produce blood, if you make a bruise in the animal, it's sort of like killing that part of the animal. Others say that drawing blood is a to of mephoric, which is when you separate something from somewhere else. But be it as it may, it is definitely a to and therefore a malacha de raisa, something which the Torah prohibits to do on Shabbos. Now, when discussing the laws of tuma and tahara, impurity and purity, the Torah lists eight animals which are called shim. And these eight animals have special halachs when it comes to tuman tahara. And when they are dead, they are a severe source of tumor. So the Mishnah says Shimona, shirotzim, muhamurim, bathura, these eight shirotsim, which are said by the Torah, the Torah lists them and includes a weasel, a mouse, a snail, a hedgehog, these sort of small animals, which are considered to be shirazim, hatsadon, one who traps them on Shabbos, vah chayubahen, and one who injures them and bruises them, Chayev is liable. Now, the reason why the Misha tells us that you are chayev for trapping them is in contrast to the end of the Mishnah, which discusses other insects and small creatures, which people generally trap only in order to get rid of them. And of course, that is considered to be a malacha shein at tzrich ha le gufa, a malach, which you're not doing for a positive, constructive outcome. Rather, you're doing it because you don't want that thing there. So the Mishnah says at the end of this Mishnah that if you trap little insects like that, then you are exempt. Because this Mishnah follows the opinion of Rabbi Shimon, the one is exempt from alachi at tzirech al Gufa. But the point of the Mishnah is over here at the beginning to show that the shmoine, sharotzim, when somebody traps them, that is not considered to be, since people generally trap these animals because they want the animals, not because they don't want the animals and they're trying to escape from them, but because they want the animals. For example, they want the hedgehog, or they want to use the skin of the weasel or whatever it is. And therefore you would be liable, even according to Ruby Shimon. Now, the reason why you are liable for bruising them is because these shirotzim have very thick skins. And if you can see A bruise that means that there is a lot of blood which came out of the animals, and it's only because of the thick skins that the blood is not coming through the skin. But if you can see a bruise and it's clear that the animal did bleed a lot, and you have violated a tolder of either slaughtering the animal or a tolder of mephoric to separate the blood, to draw blood, be it as it may, the Mishnah goes on now to usher when it comes to all other insects and crawling animals, one who bruises them is exempt, because we're discussing a bruise where the blood does not come above the skin, it's just a bruise below the skin. Now, when it comes to these animals, they have very thin skins, so if the blood does not come out, that means that it didn't bleed a lot and the blood will just be absorbed back into the body. And. And as such, one is exempt. Hanat Sadon one who traps them only if it's the tzirekh for the need of the animal, meaning only if he is trapping it because he wants the animal itself, not just to escape from it, only then is he chayev. But if it's not for the need of the animal, rather he's just trapping it in order to really escape from it, because he does not want the animal, then he has exempt potr. Because this is of the opinion of Rabbi Shimon that one is exempt from now the mission ends off by telling us a wild animal or a bird, which is in one's domain, so it's already enclosed. Then at sudden Potter one who traps them is exempt because it's already considered to be trapped. It's a bit like a pet.
[00:12:22] And one who injures them is liable because once again, if you can see a bruise on these animals, that means that it is a real significant bruise where blood really did come out of the body and won't necessarily be reabsorbed into the animal's body. And in such scenario, you have violated the prohibition of he of injuring and bruising the animal.
