DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Moshe ben Ya'acov v'Shoshana Sueke, Henri Sueke

Dedicated By
His loving family

Click Here to Sponsor Daily Halacha
      
(File size: 874 KB)
Is It Permissible to Trap a Bug on Shabbat?

The Rema in Siman 316 brings down the Halacha that it is prohibited to close a box or container in which there is a bug. Doing so constitutes the Melacha of Saad (trapping). This holds true even if the bug is not the type which is usually trapped, and the violation is only D’rabanan (rabbinic).

Interestingly, Maran does not bring this Halacha in Shulhan Aruch. This is especially puzzling since he does present this Halacha in his Bet Yosef, in the name of its source, the Sefer HaTerumah, and comments "Mi Yakel K’negdo?"-Who can be lenient against his ruling?

The Poskim explain why Maran didn’t bring this Halacha in Shulhan Aruch based on a general Halachic principle of Maran. In this case, the person closing the box does not intend to trap the bug; he just wants the box closed and the bug becomes trapped unintentionally, albeit inevitably. This is known as "Pesik Reshe D’lo Nicha Leh"-an action whose inevitable outcome is a Melacha, but that outcome was not the purpose of the action and the person has no interest or benefit from that outcome. Hacham Ovadia (Yabia Omer 4:15, Ohr Yisrael p. 92) holds that Maran’s position on such cases was to be lenient when the Melacha involved is M’drabanan (rabbinic). This could explain why Maran didn’t bring this prohibition, since the Melacha involved is only M’drabanan, as the case is referring to bugs that are not usually trapped. It goes without saying that if one is not sure whether there is even a bug in the box to begin with, there is no problem closing the box.

SUMMARY
One may close a box containing a type of bug that is not usually trapped, if his intent is merely to seal the box and not to trap the bug.

 


Recent Daily Halachot...
Yom Tov- Is It Permissible To Smoke On Yom Tov or To Use A Measuring Cup
Holidays Do Not Fall Out On Particular Days Of The Week
Yom Tov- It Is Forbidden To Light A Match or Extinguish A Flame
Isru Hag Shavuot and Tachanun in the Days Following Shavuot
The Custom to Read Megilat Rut on Shabuot
Shabuot – Reciting Azharot; Learning Tehillim and Other Forms of Study; The Custom to Eat Dairy
Shabuot – Saying the Shema Prayer Out Loud on Shabuot Morning
Shabuot – Standing for the Reading of the Ten Commandments; Decorating the Synagogue
Shabuot – The Obligation to Celebrate and Rejoice
Donating 104 Coins to Charity Before Shabuot
Shabuot – Eating Meat and Dairy
Shabuot – Preparing for the Holiday, Sleeping on Shabbat When Shabuot Begins on Mosa’eh Shabbat
Preparing for Shabuot When it Begins on Mosa’eh Shabbat
Tikkun Lel Shabuot
Ereb Shabuot
Page of 239
3585 Halachot found