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...
The Sandak at a Berit Mila
Reciting the Beracha of “Yesimcha Elokim Ke’Efrayim Ve’chi’Menasheh” at a Berit
Wearing Tefillin at One’s Son’s Berit
The Practice That a Mohel Serves as Hazzan on the Day of a Berit
Berit Mila – The Custom to Place the Foreskin in Earth
Is There a Concept of “Sandak” at the Berit Mila of an Adult?
Scheduling a Berit Mila if it Cannot be Performed on the Eighth Day
Determining the Time of Birth with Respect to Berit Mila; Scheduling a Berit Mila for a Child Born Late Friday Afternoon
Reciting She’hehiyanu at a Berit Mila
Is it Appropriate for a Mohel to Request Payment for Performing a Berit?
Berit Mila – When Does the Father Recite the Beracha “Le’hachniso Bi’brito Shel Abraham Abinu”?
Must the Father Formally Appoint the Mohel as His Agent?
Which Skin Must be Removed for a Berit Mila to be Valid?
Omitting Tachanun and Reciting Yehi Shem on the Day of a Brit Milah
If Two Brothers Died as a Result of Berit Mila
Page of 239
3585 Halachot found